Legal Question in Bankruptcy in Maryland

Finance Co. Repo.Car Without Reason

A neighbors car was repossessed aweek ago but was brought back the same day,within a few hours. Being in his home at the time,he had the company on the phone and stated if they did not have the car back in his driveway the same day he would get a lawyer. He had filed chapter 7 two years ago but never stopped paying on the car nor were they listed,he did however have phone contact with them. He was represented by a firm for the bankrutcy.The finance co. gave no explanation for their act,the car is now indicating an engine problem due to the way it was towed. What could be going on and what is his recourse?


Asked on 1/14/02, 6:40 pm

2 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Finance Co. Repo.Car Without Reason

It is nice that you are writing to assist your neighbor.

It appears that the engine was damaged during the course of

a wrongful repossession. As with all legal matters, the outcome is

in the proof/evidence. It will need to be shown that there was not

a pre-existing problem and that there now is a problem that is connected to

the method used to reposses the car. Contact a mechanic and/or towing company or

conduct research on your own as to these matters. The finance company is responsible

on the basis of the wrongful repossession and the towing company may be responsible for not

exercising due care. Other bases for complaint and remedy may exist relating to the car as well

as other matters.

G. Joseph Holthaus III, Law Offices

(410) 799-9002

(410) 619-5918 (pager/voice mail)

DISCLAIMER: This e-mail is not intended to be legal advice but rather

information about the law in a general area of inquiry. When addressing a legal matter,

the best advice is to acquire the service of an attorney. Generalized internet inquiries are not

a substitute for the advice of an attorney.

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Answered on 1/15/02, 9:12 am
Joseph Trevino Law Offices of Joseph A. Trevino

Re: Finance Co. Repo.Car Without Reason

Sounds like "wrongful repossesion or coversion" to me and your neighbor has the right to sue the finance co. There have been several successfully litigated cases like this one. Apparently the finance co recognized they screwed up and they brought the car back but with a bad motor. Tell your neighbor to get a mechanic to inspect it.

Call for more info., Joe Trevino, 1-800-924-6217. Thank you and good luck.

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Answered on 1/14/02, 10:37 pm


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