Kentucky 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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  • Preview Complaint for Wrongful Repossession of Automobile and Impairment of Credit
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FAQ

In the State of Texas, the specific statute for wrongful repossession law is Texas Business & Commerce Code §9.609 which governs auto repossession. This statute provides that a creditor company is entitled to use self-help repossession but may only seize collateral (such as an automobile) without a court order.

A wrongful repossession is where the consumer is either not in default or has cured the default and the creditor still repossesses the vehicle. Another thing that constitutes a wrongful repossession is when the repossession agent or the creditor breaches the peace in repossessing the vehicle.

The state of Kentucky has strict rules for repossession companies. They're allowed to repossess your vehicle if it's on public property. They're also allowed to go onto your private property to repossess the vehicle, but they can't commit a breach of the peace.

The creditor cannot commit a crime, use abusive language, enter a home without permission, or take an item if the owner physically resists; Cars can be towed from public or private lots; A car can be towed from the owner's driveway if no other car is moved, but a car cannot be towed from the owner's garage.

Similarly, Kentucky has a statute of limitations for vehicle repossession. This statute of limitations is four years. Many people believe that if they can hold onto the car for longer than the statute of limitations, they are free and clear of the debt. This is not the case.

Under Texas laws, your possessions can be repossessed if you have defaulted on a loan that is secured by that property. This means that you pledged the thing you were buying as collateral to secure the loan, and if you fail to make the required payments, the lender has the right to repossess it to recover the debt.

Breaching the peace during an auto loan repossession can include using physical force or threats of force and breaking into locked buildings. All laws on repossessing cars prohibit breaches of the peace.

Protect Your Car or Truck From Repossession You can file a petition under either Chapter 7 or Chapter 13 of the bankruptcy laws. With Chapter 13, you can restructure your debt and establish a 3-to-5-year payment plan. You'll get to keep your vehicle and everything else you own as long as you stick to the schedule.

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Kentucky Complaint for Wrongful Repossession of Automobile and Impairment of Credit