vehicle was repossessed when the company had received money, late fees where added and the vehicle taken the end of august and not returned until november, but the company still charged me when they had wrongfully taken my vehicle, they stated I still had to pay when i did not have my vehicle. Because I did not agree to pay for the months without the vehicle, they repossessed it by braking into my private fence ripping off the doors and taking the vehicle, damaging my storage shelter and leaving my backyard unprotected, so anyone can come into my property and have stolen items.
When a vehicle is repossessed by the lender, they can do so without a court order (i.e. self-help repo) so long as they do not "breach the peace." You claim that the repo man broke into your property by breaking a fence. In most cases, this would be a breach of the peace, and make it a wrongful repo, if you can prove that the repo agent was the one that broke the fence. I have seen this happen too many times, and it is very difficult to prove that the repo agent is the one who broke the fence.
When a lender allows you to "redeem" the collateral by making up for the past due payments, you cannot claim that you are not obligated to make the payments during the time that you did not have possession or use of the car. So, in my opinion, that part of your claim is not going to get you anywhere. However, if you can prove that you made all of the payments, on time, and that the lender did not credit your account, then you might again have a claim for a wrongful repo.
You need to consult with a consumer advocate attorney in your area. You can find one here: www.naca.net
I am an attorney who is only licensed in the State of Florida. My answer is general legal advice based upon what I perceive your question to be, and should not be relied upon because every person's facts and circumstances are unique, and because specific laws vary from state to state. To completely evaluate a legal issue requires reviewing and evaluating all relevant facts, applicable laws and other information. My answer does not create an attorney-client relationship, and offered for informational purposes only.
Everything the other attorney said is correct. You could sue. Some lawyers may take the suit on a contingency basis. It is really up to you whether you want to hire an attorney to pursue a claim. I would start by filing a police report and taking pictures of the damage. You could also try calling the debt collection agency, tell them of the property damage that the repo company did to your property and request that they forgive any deficiency owed as a result. Get everything in writing. Contact an attorney if you have problems.
The information in this answer is not intended as legal advice nor do I intend to create an attorney-client relationship with any reader simply by answering this question or contributing as a member of AVVO.
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