Arkansas Complaint for Wrongful Repossession of Automobile and Impairment of Credit

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Multi-State
Control #:
US-01419BG
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Word; 
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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.

A lender will usually let you know you're in default and your car may be taken away, but you won't get a heads' up telling you the repo man is on his way. Lenders typically contract with a third-party company, usually a towing service, that specialize in repossessing vehicles.

Florida state laws govern the Florida car repossession process. Florida Title 33, Section 537.012, specifically governs car repossessions. There are also consumer laws and laws governing contracts that come into play. Generally, car loan contracts permit a car repossession after one missed loan payment.

Your car can be repossessed anywhere, anytime, so long as the repossession company does not ?breach the peace.? Examples of a breach of peace include physical force, a threat of force, and removing your car from a closed garage without your permission.

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. Prepare yourself.

Repossession laws vary from province to province in Canada but it's likely the lender will notify you if you have missed payments. But, even with a good history, if you miss two or three payments in a row it's likely your car will be repossessed.

Lenders and leasing companies are generally allowed to repossess your vehicle as soon as you miss a payment, but it typically happens once you're 90 days past due on your loan?your loan or lease agreement should explain at what point you'll be in default.

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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Arkansas Complaint for Wrongful Repossession of Automobile and Impairment of Credit