Q: Can I sue Navy Federal for a key fee after a repo without notice?
I'm considering suing Navy Federal for charging a $360 fee to make a new car key after repossession. They provided instructions for retrieving my car but failed to inform me that I needed to return the original key. Upon contacting them, they insisted they informed me about the key requirement, but they didn't. Additionally, there were issues regarding the insurance declaration not being posted, despite initially claiming it was never emailed. What are my legal options in this situation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
You might have a potential small claims case against Navy Federal, depending on your state's laws and the specific terms in your loan agreement. The key fee could be contested if you can prove they failed to properly inform you about returning the original key, especially if this requirement wasn't clearly stated in their repossession instructions.
Consider gathering all communication records, including emails and notes from phone conversations about the repossession process and insurance declaration issues. These will be crucial evidence if you decide to pursue legal action. Before filing a lawsuit, try escalating your complaint through Navy Federal's internal dispute resolution process, perhaps by writing a formal complaint letter to their executive office.
If the internal process doesn't resolve your issue, small claims court might be your next step since the amount is relatively small. The filing fees are typically low, and you wouldn't need an attorney to represent you. However, consulting with a consumer rights attorney for a brief consultation would help you understand if your case has merit and how local repossession laws might apply to your specific situation with Navy Federal.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
