Nebraska Complaint for Wrongful Repossession of Automobile and Impairment of Credit

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Multi-State
Control #:
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
  • Preview Complaint for Wrongful Repossession of Automobile and Impairment of Credit
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FAQ

No. It is against the law in every state for a person engaged in a repossession to disturb any other personal property that is not the subject of the repossession (or located in the repossession).

Repossession Certificates of Title are issued to lienholders upon default of payment. In the event the lienholder cannot obtain the signature of the mortgagor: If the title is in an electronic format, presentation of the title is not required.

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.

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).

Your lender cannot break into your home or garage to repossess your property. Police cannot help a lender repossess a car unless they are following a court order. The lender may not do anything that is a ?breach of the peace? when trying to repossess your property.

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.

Once you are in default, your creditor may repossess your car at any time without prior notice and may come onto your property to do so. However, the creditor may not commit a ?breach of the peace? by using physical force or threats of force.

Under Florida law, your lender must give you an opportunity to meet at a mutually agreed-upon place to surrender the car and remove your belongings before the lender repossesses the car. If you don't do this, lenders aren't required to give you any further notice before the repossession.

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Nebraska Complaint for Wrongful Repossession of Automobile and Impairment of Credit