Illegal Repossession of Car in Texas

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Q. Illegal Repossession of Car in Texas I have a car that was 45 days late. Or 08/11/99 -- I wrote a check for the late and next payment that was deposited and credited to the note on 08/13/99. The check cleared my bank on 08/16/99. On 08/13/99, the bank issues an order to a repossession firm to go get the car. I receive no notice of acceleration or possible repossession. The repossessor shows up at my business at 2:00 in the PM on 08/17/99 and proceeds to hook it up to a tow truck. It is in front of my business on a very busy street and creates a tremendous commotion. Seeing this I went out and demanded they leave or I will call the police. They tell me they have already called the police leaving me to believe that they are on the way. I ask for five minutes to call the bank and verify that the note is current. They begin dragging the car off. I insist on getting my personal items out of the car. The repossessor tells me that If I do not give him the key, he will do GREAT damage to the car by towing it off. I give him the key and they drive it off. I call the bank and they confirm the note is current and have the car returned within 45 minutes, However, the repossessor tells me he will not return it unless I pay him $200. I gave him $200. I live in Texas. Obviously, i know law here. But the note says they have the right to repossess unless they trespass or breach the peace -- if the note is past due. What are my remedies from the repossessor and the bank?

A. - Since the banks agreed that you own the car and it should be returned to you, why didn't you call the police at that point and charge the repossessor with possession of stolen property? Since you did not request any services from the repossessor, you shouldn't be required to pay for those services. - See a lawyer. You might be able to get one to take this on contingency. -maybe use some big lawyer words like "conversion" and "intentional infliction of emotional distress"- it might get your $200, but it might cost a lot more than that to get it back. i agree- talk to a lawyer.

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Illegal Repossession of Car in Texas

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