Massachusetts 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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  • 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

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FAQ

If a repo agent enters onto your property without obtaining your permission when they enter, that is unlawful. Massachusetts has a special law on this topic. In most states, a repo man can come onto someone's property (like a driveway) without permission and take a car, but not here.

What can I do now? 1 Call your lender. Ask whether they will agree to reinstate your loan and, if not, what amount you need to pay to redeem the vehicle. ... 2 Watch your mail. If your vehicle is repossessed or sold by your lender, they must send you certain notices. ... 3 Contact an attorney.

Is it a crime for a repo man to accidentally repo the wrong car? Not unless the car was retained after the accidental repossession was discovered, and then, only by the person retaining it (as the repo man may have turned over the car to the creditor whose loan on a similar car is in default).

They have to give you 20 days after the day your vehicle was repossessed to pay that amount of money and get the vehicle back. The amount you owe is usually the same as the remaining amount of money on the loan, combined with any reasonable fees assessed by the lender for things like towing, storage and repossession.

6 ways to avoid repossession Stay in contact with your lender. Keep your lender up to date on your situation, ability to make payments and overall finances. ... Request a loan modification. Repossession is a significant inconvenience for the lender. ... Get current on the loan. ... Sell the car. ... Refinance your loan. ... Surrender your car.

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Massachusetts Complaint for Wrongful Repossession of Automobile and Impairment of Credit