If our car was damaged during a repossession, who do we file claim against – our lender or the towing company?

If our car was damaged during a repossession, who do we file claim against – our lender or the towing company?

My boyfriend was behind by 2 payments on a small loan (less than $1500 left). He had been speaking with a woman at the bank to make a payment to catch up on the 29th. However, on the 28th his car was repossessed without any warning. Now the bank wants $1900 and that does not cover the towing company fees. Aside from this, his car was up on jackstands when it was taken (his father had been doing some minor tuneups to it). The towing company hooked up the the car and drove off without removing it from the jackstands. Now something is wrong with his car and it won’t move. Who do we file a claim against?

Asked on July 3, 2012 under Bankruptcy Law, Florida

Answers:

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