New Mexico 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
  • 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

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.

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.

Under Colorado law (§ 4-9-629, C.R.S.), any person who is retained by a secured party to recover or take possession of collateral upon default is required to be bonded for property damage to or conversion of such collateral in the amount of at least $50,000.

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.

Here's what you need to know. While a lender can repossess a vehicle in New Mexico without a court order, no one can enter your home without your permission, no one can break a lock to enter and no one can commit violence or breach the peace in repossessing property.

If a purchaser defaults on a lien, a lienholder may repossess a motor vehicle held under a valid lien without paying motor vehicle tax. The act of repossession is not a retail sale.

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.

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.

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