Legal Question in Credit and Debt Law in Texas
Wrongful Repossession
My car was repossed even though the loan was not in default. The finance company had issued an incorrect account number for the loan and did not post the payments to the correct account, although they did cash the checks. After a telephone conversation, it appeared that the mistake had been corrected and the company indicated that the payments would be properly credited. The next payment was made indicating the correct account number. However, a few days later I received a letter indicating that no payments had been received and the loan was in default. The next morning before the letter could be discussed with the company, the car was taken.
Subsequent talks with the finance company have proven to be futile because they will not acknowledge their earlier error and receipt of the payments. The company's stated policy is that once a car has been repossessed they never return a car unless the accelerated entire payment is made.
3 Answers from Attorneys
Re: Wrongful Repossession
Sounds like you do have a case of wrongful repossession. You should probably contact a lawyer who handles these cases. If you are in the Dallas area, feel free to contact me.
Re: Wrongful Repossession
It certainly sounds like wrongful repossession. Contact a lawyer in your area that will handle an action for conversion.
Re: Wrongful Repossession
I agree with the other attorneys that you have a case against the finance co. under Texas and Federal law. I do these types of cases all the time. If you want me to work for you on this case, contact me by return e-mail and we'll set up a telephone conference. Thanks, JPG
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