If my car was wrongfully repo’d today from my workplace, what can I do?

UPDATED: Jun 26, 2012

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If my car was wrongfully repo’d today from my workplace, what can I do?

The person who owned my vehicle before me had a debt owed, to I’m guessing, the lienholder out of another state and they ordered the repo under her name but with my vehicle information. I have had my car almost 2 years now. I am a single mother with 3 kids and recently widowed.

Asked on June 26, 2012 under Bankruptcy Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 10 years ago | Contributor

Did you get a clear title from them when you bought it?  Was it in the name of the owner or the finance company?  If it was in the name of the finance company and you have record of the release of lien, then it is a wrongful repossession.  If the title was clear of a lien (in the name of the other party only) then it is also a wrongful repossession.

I am guessing what happened here is that the title was not clear and you didn't realize it. 

You may want to learn more about repossession in general here: http://www.bsis.ca.gov/forms_pubs/cons_grepos.pdf

You can sue the person who sold you the car for fraud and breach of warranty of title.

If you think you have a valid claim that the car was wrongfully repossessed you can sue the finance company in small claims and file a complaint with the CA department of consumer affairs.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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