Louisiana Complaint for Wrongful Repossession of Automobile and Impairment of Credit

State:
Multi-State
Control #:
US-01419BG
Format:
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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  • Preview Complaint for Wrongful Repossession of Automobile and Impairment of Credit
  • Preview Complaint for Wrongful Repossession of Automobile and Impairment of Credit
  • Preview Complaint for Wrongful Repossession of Automobile and Impairment of Credit

How to fill out Complaint For Wrongful Repossession Of Automobile And Impairment Of Credit?

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FAQ

"Louisiana law permits repossession of motor vehicles upon default without further notice or judicial process."

Ing to Louisiana law, your lender can initiate repossession proceedings if you miss two consecutive payments. This means that after the second missed payment, your vehicle can be repossessed. However, if you're making payments more frequently than once a month, default occurs after 60 days without payment.

Paying the Deficiency In rare cases, if your lender sells your car for more than what you owe (including the lender's expenses), the difference is called a ?surplus? and the lender might be required to give you the surplus funds.

Car Repossession Law in Louisiana If the following statements are factual, then your car can be repossessed: You have failed to pay two successive monthly car payments, or if you make payments more often than once per month, you are in default if it's been more than 60 days since your last car payment.

When a person has violated a condition(s) of the lease or loan agreement (e.g. being past due on the vehicle loan or lease payments, failure to maintain insurance, etc.), and efforts to correct the violation fail, the bank, financial lender, legal owner or their agents can contract with repossession agencies to locate ...

Stopping Car Repossessions by Lenders & Your Legal Options Reinstating the Loan. ... Refinancing the Loan. ... Negotiating With the Lender. ... Filing for Bankruptcy.

You also have the right to ?redeem? your vehicle after it has been repossessed by paying the total remaining balance along with any repossession costs. However, you must exercise this right before the vehicle is sold. A local lawyer can tell you more about your rights and remedies during the process.

Paying off a derogatory account, such as an account that shows a status of repossession, foreclosure or charge off, will result in that debt being updated to show as "paid" on your credit report. The exception would be if the account has already been sold to a collection company.

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Louisiana Complaint for Wrongful Repossession of Automobile and Impairment of Credit