Ask The Get Out of Debt Experts Reader Questions Repossession

Can I Sue My Finance Company for Wrongful Repossession? – Angela

Written by Consumer

I live in California ans my car was recently reposessed. I want to know if I can take the finance company to small claims court and sue for money lost, etc.

I was 1 month behind on my payment. I made a payment arrangement to have my finance company take the past due amount out of my bank account on a particular day. Well come to find out, the finance company never processed the payment(I have documentation of payment agreement). I called them one week later to find out why the payment hadn’t been processed. They lied to me and said they did try to process the payment on the promised date and it was declined. I have documentation from the bank showing that no payment was processed on that day at all. Next thing I know there is a repo guy at my door saying that he’s here to take my vehicle. It was literally, minutes after I hung up the phone with the lender. I resisted the reposession and was told that he would have to report me to the authorities and I would be arrested because it was a felony to not hand over my car to him. Did I get duped? What are my rights? Any help you can give me would be appreciated. Thank you.

Sorry, question was stated above. Can I sue my finance company for wrongful reposession? What are my right in this case? I felt that I was lied to and they “trapped” me.

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Consumer

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3 Comments

  • Hi Angela,

    You can sue for wrongful repossession. I would encourage you to speak with an experienced consumer attorney about the situation first.
    I have had good feedback from consumers and subscribers in CA when I have referred them to speak with:

    Jeremy
    S. Golden
    T:
    619-476-0030

    http://www.goldencardona.com

    Mr. Golden has experience with several consumer specific areas including what you outline in your question above. Reach out to him and discuss your issues.

    Best of success in your effort!

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