Legal Question in Real Estate Law in Florida

incorrect reposession

My husband and I recently paid off his motorcycle. We have the canceled check from the bank for 4000.00. However the bank claims that they only recieved 400.00 and that we owe them 3600.00 more. I have sent them a copy of the cashed check, yet they are still claiming we owe them and have now repossed the bike. What can I do?

--name removed--Steidl


Asked on 5/30/04, 6:44 pm

2 Answers from Attorneys

Charles Dobra Charles Wm. Dobra, Ltd.

Re: incorrect reposession

Assuming YOUR bank will confirm a payout on your check, from your account, for $4,000.00, you obviously have a cause of action against the repossessing bank. Lots of damages here, aside from the repoe'd bike. Where do you live? You definitely need the assistance of a lawyer here, and the sooner the better. Good Luck!

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Answered on 5/31/04, 4:08 pm
Zedrick Braden III Ainsworth & Associates PC

Re: incorrect reposession

Hello. You have several options. 1. You should

file a police report with your local police department for the theft of the bike. 2. You

should file a complaint with the office of the

Illinois Attorney General. 3. You should write

a letter to the three major credit reporting agencies and request the form to challenge any

negative entry on the credit reports on account of the repossession. You should send the

credit reporting agencies a copy of the cancelled

check when you submit the "challenge" form.

4. You should concider filing a lawsuit against

the bank. This kind of case is in my area

of concentration.

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Answered on 5/30/04, 11:10 pm


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