Alabama Complaint for Wrongful Repossession of Automobile and Impairment of Credit

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Multi-State
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US-01419BG
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Description

The tort of conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft. In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in such an action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Repossessions can occur at any time of day or night ? while at the supermarket, taking the kids to school, at a relative's home for holiday dinner, or while asleep. Even if a borrower anticipates a repossession may occur, it never happens at a good time.

Under Alabama law, a lender with a security interest may repossess property as soon as a single payment is past-due, unless the contract says otherwise. The good news is that Alabama law also requires that a creditor that repossesses your car must provide you with notice before disposing of the vehicle.

Alabama Repossession Laws A repo agent cannot enter a locked garage or any property that does not belong to the debtor. It is against the law, however, to attempt to 'hide' the vehicle on another person's property.

A lot of bad things can happen when you stop paying your car loan. Each month you miss a payment lowers your credit score. If you can't resume payments and get caught up, your car can be repossessed. Worse, you could still owe money on your former car after you no longer have it.

Ing to Alabama Code § 7-9A-609, after a borrower defaults a lender can take possession of collateral or make that collateral unusable. The code section goes on to explain that a lender can accomplish a repossession with the court's assistance, or without the court as long as there is no ?breach of the peace.?

Can a repo man move another car to get yours? No, a repossession agent may not do that. But, if the repossession company can't access your car because it is hidden, blocked, or locked up, your lender goes to court to get a replevin. Replevin is a court order compelling the collection of the vehicle.

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Alabama Complaint for Wrongful Repossession of Automobile and Impairment of Credit