Legal Question in Consumer Law in New Jersey

need help on a repossession gone bad

On January 10, 2002, I had by vehicle repossessed.On January 17th,I received a phone call from a woman stating that my van was being driven recklessly and had just cut her daughter off on the highway.After receiving that information I went to the police, called the bank, and called the main recovery company handling the case.I also called the gentleman that actually picked up the vehicle and he assured me that there was no way that was my vehicle, he said it was sitting in a storage facility.Then on February 2nd,I received six EZ Pass violations from the Highway Authority totaling approximately $152.00.2 violations were dated January 14th and 4 were dated Jaunuary 17th.I went to the police station that day and filed a report for stolen plates.I have spent my days over the past three weeks calling all parties involved in this trying to get answers.The highway authority told me if I get a subpeona they would release the photos they have of the person who s driving the van. My question is can I sue this person and if so exactly what charge can I get him on.


Asked on 2/21/02, 6:30 pm

2 Answers from Attorneys
Glen Chulsky Law Office of Glen H. Chulsky

Re: need help on a repossession gone bad

There are a couple of issues raised by your post. First you want to be compensated for the EZ Pass charges. You should contact the repo company with your proofs. Another issue raised is that the ultimate condition of the vehicle when it is turned into the finance company may be affected by what appears to be the reckless driving of a repo employee. If the repo employee turns your vehicle in with much more mileage than when it was repossessed or with physical damage, then the finance company will get less for the vehicle at auction. The finance company will come to you for the difference or deficiency. If you settle now with the repo company and sign a release, you probably can't make a claim against them later for any loss from the sale of the vehicle. You can call me for a no cost consultation at 973-479-5814.

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Answered on 2/22/02, 2:03 pm
Evan Levow Lutz, Levow & Costello, P.A.

Re: need help on a repossession gone bad

The repo company should compensate you for any monetary loss with reference to the EZ pass. Or, EZ pass should credit you if they can determine that you were not the driver of the vehicle, after you explain the repo.

It seems your damages are limited to that. You should get the plates back and turn them in and cancel the insurance and registration.

Any suit against the person would be economically unfeasible, since your damages are limited.

Sounds like it has been a real pain in the butt, but the best thing to do under the circumstances is to clean up the above (plates, etc.) and look forward to better times.

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Answered on 2/21/02, 11:37 pm


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