New Jersey Complaint for Wrongful Repossession of Automobile and Impairment of Credit

State:
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
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FAQ

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.

In New Jersey, you have the right to redeem a repossessed vehicle by paying the full amount owed, including any repossession and storage fees, before the creditor sells or disposes of the vehicle. If you do not redeem the vehicle within a reasonable time, the creditor may proceed with selling the vehicle.

After a reasonable length of time ? approximately 10 to 14 days ? past notification, submit the following: Original title (see above if a duplicate title is needed); Application for Repossession Certificate of Ownership (OS/SS-57); Copy of security agreement/lien contract;

A repossession stays on your credit report for seven years, starting from the first missed debt payment that led to the repossession. In the credit world, a repo is considered a derogatory mark. After a repo, it's not unusual to see a person's credit score take a substantial drop.

After the repossession, your lender or leaseholder may allow you to reinstate your contract if you pay the past due amounts. If the lender or leaseholder does not agree to reinstate your contract, it may try to sell your car at an auction.

There is also no inherent ?grace period.? If you are one day late or miss one payment, your lender has the legal right to repossess your car or vehicle.

If a consumer has an active loan agreement with the creditor but fails to make a payment, they will enter into default. If this occurs and the creditor has a valid security interest in the item used as collateral, they are entitled to conducting a repossession of that item.

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New Jersey Complaint for Wrongful Repossession of Automobile and Impairment of Credit