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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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