Legal Question in Credit and Debt Law in Virginia

My lean holder for my car assigned a repo company for my car before I could voluntarily turn it over. These people called me several times from 11 pm unil after 1 am when I cussed the guy out for calling me so late. He went to a magistrate and got a warrant for VA code 18.2-427, profane language over a telephone. they then proceeded to tell the cops that if i gave them the car they would drop to charges. I have several issues with this whole thing.

1) saying they'd drop the charges for the car sounds like black mail to me. they can't drop the charges anyway once they've been issued, only the common wealth's attorney can.

2) the criminal complaint (that the repo man signed) states that I said I was not "giving the fucking car back." I said fuck with regards to the car, not him. What about my freedom of speech?

3) several repo men I know personally have told me that it is against the law for them to contact a debtor after 9 pm. I still have the call logs saved in my phone showing times.

Do I have a case anywhere? And what type of lawyer do I need?


Asked on 11/05/09, 2:20 pm

1 Answer from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

You may have a case. You need an attorney, preferably one with experience in repo law. Good luck.

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Answered on 11/11/09, 8:08 am


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