Legal Question in Credit and Debt Law in Virginia

Improper repossession

A finance co threatened to repossesed my car a year after my last payment claiming ''extra interest owed''..I disputed but agreed to 3 payments totaling $564. They still repossesed it...notified me of the auction date even though I have their written payment agreement signed by them. I went to the sale and it wasn't there on the date stated in the notice. I found out they sold it a week after the date on the notice..based on their records I did have a principle balance of $12.04 on a $6600 loan. Was this illegal repossession ? I'm thinking about filing a warrant in debt for the value of the car, all the items stolen from it while in their storage facility and punitive damages. What are my chances ?


Asked on 7/20/06, 1:38 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Improper repossession

Marshall your evidence and file your case, If your claim exceeds $5000, you will need to file your warrant in the general district rather than small claims court.

You would also be well advised to arrange for a consultation with a lawyer who is knowledgeable and experienced in litigating these kinds of claims. This person will be able to advise you as to how best you should organize and present your case in court.

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Answered on 7/20/06, 11:23 pm


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