Legal Question in Consumer Law in Texas

illegal auto repo

Can they take my car and force me to pay it off early? I am buying a car from a previous employer (owner finance). The title is still in her/his name. I have paid all payments on time and even early and have kept full coverage insurance(policy in my name)They came and took my car out of a commercial parking lot without notifing me and said the only way they would give me my car back is if I pay the remaing balance due. I have a promissary note that states that i will make payments. I believe that she/he is doing this to get revenge for me going to work somewhere else. She has went so far as to slander me to my new boss and try to get me fired and now this thing with my car. Thank you in advance for your answer.


Asked on 11/06/04, 8:49 pm

2 Answers from Attorneys
Sharon Campbell Sharon K. Campbell

Re: illegal auto repo

Check the written agreement. If the agreement does not give them the right to repossess, they do not have the right to repossess. Even if it does, they can only do so if you have breached the agreement. If you have not, they have committed conversion and you have a cause of action against them for wrongful repossession and conversion.

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Answered on 11/06/04, 9:08 pm
Peter Bradie Bradie, Bradie & Bradie

Re: illegal auto repo

Unfortunately it's her car, not yours, since title is still in her name. That's why the title usually shows the owner's name and the lender as lienholder rather than co-owner.

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Answered on 11/06/04, 10:54 pm


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