Legal Question in Consumer Law in Utah

Repossession/replevin order/auto

I purchased a car under a loan contract in Utah and recently moved, with the car, to Missouri. Upon receiving my monthly payment and a notification of address change the individual who holds the loan with us ordered my car to be repossessed stating we are in default of the loan. He is saying that we do not have a contract with him and is using that as a basis to take the car because he doesn't want it in another state while it's under contract. Doesn't make any sense, right? We do in fact have a contract, we have made our payments and there is nothing in the contract that says the car cannot be moved to another state. I refused to let the repo man take my car and to my knowledge they are seeking a replevin order. I need to know how to fight this. How can he get a replevin order if I'm not in default on the loan? Since he's lying about it how do I stop the replevin order so I have a chance to show all my documents and proof that we are not in default so my car doesn't get repossessed? What do I do?? Thank you very much for your time.


Asked on 3/20/04, 1:25 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Repossession/replevin order/auto

To get an order of replevin, the seller needs to file a lawsuit to get the order. Depending on the terms of the written agreement, he may possibly be able to file in Utah. You will have to be notified for it to be valid. If you get a subpoena, make sure you respond. You can ask for a bond from the seller in Court, so that if he replevin is not proper, he will have to pay for your costs. The exact language of the loan documents will determine whether he can get an order.

The can cannot be legally repossessed if it is kept in a garage. You may want to refinance it.

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Answered on 3/20/04, 8:15 pm


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