Legal Question in Credit and Debt Law in Texas
Wrongful Auto Repossession
My SUV was wrongfully repossessed. A towing company took the vehicle from under my carport. The driver stated it was due to repo per the credit union. This vehicle was paid in full and I do have the title since 2005. They also attempted to take my other vehicle for the same reason. My deceased husband's son and attorney somehow got this done thru a collection agency, as we are going thru probate. The vehicles are community property, and are in my possession since my husband died. The towing company would not listen, I had to have a restraining order and pay bond to retrieve my vehicle. The police department were of no help as they said they were notified of the repo by the towing co. Also, they do not get involved in civil matters. My probate lawere handled the process of my retaining the vehicles temporarily. Can I sue the towing company in small claims court, my husband's children and attorney as I was without my vehicle for only a day, but I have lost wages & court & attorney fees over this matter. The towing company did not charge me, as they realized they moved too soon, but did not give me any repo paperwork, just a letter from a collection agency via an estate attorney. Also did they have a right to remove from drive
2 Answers from Attorneys
Re: Wrongful Auto Repossession
You definitely have a cause of action against the son, and possibly his attorney, for what they'd done. The question is damages; is the game worth the candle?
Re: Wrongful Auto Repossession
apparently you had an attorney get the car back..and while they can take cars off your property ie peaceful repo..all of those who sent them may be liable..and towing co..but you may not want the expense of hiring a lawyer..and it may need to go thru probate..it is not an easy question...
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
