If my truck was wrongfully repossessed, am I responsible for repo fees?

UPDATED: Jul 13, 2012

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If my truck was wrongfully repossessed, am I responsible for repo fees?

My truck was repoed in Virginia. After my truck was repoed, the finance company found out someone was using my account number when this someone signed up for an online payment service. They said i’ve been bouncing checks. I never bounced checks, it was the person using my account number who did. This caused my billing statements to be messed up. My wife was just following the statements they sent. At first they said we had to pay the truck in full, now they want to reinstated the loan and make us pay the difference of $1200 plus repo fees. There were no pass due or unpaid late charges.

Asked on July 13, 2012 under Bankruptcy Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country, if your vehicle was wrongfully repossessed by your lender at its instructions then you should not be responsible for the $1,200 plus in repossession fees.

I would write your lender a letter stating in detail its errors and that you are not going to pay any part of the claims for repossession and the like. Keep a copy of the letter for future use and need.

You also might wish to consult with an attorney that practices in the area of consumer law.

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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