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

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FAQ

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.

Agents cannot enter your home uninvited to recover property, such as a vehicle located in a garage, but they can repossess your car from your driveway, a parking lot, or your place of work. Repo agents are not allowed to breach the peace or use violence in order to recover the property.

In fact, it's a crime to hide or conceal a property on which there is a lien. If the lender's repo man suspects that you are attempting to break the terms of the contract by hiding the property, they can report this to the authorities who can then charge you with a crime.

The repo will stay on your credit report for seven years. Filing bankruptcy may stop repossession and could allow for the return of the property if you can make the payments.

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.

If negotiating does not work, you also have the "right to redeem" your debt. This means that you have the right to pay the entire amount of the debt owed on your car, as well as any other fees and costs resulting from the repossession-then you'll get your car back.

A repossession typically stays on credit reports for seven years. However, you can take steps to improve your credit before the seven-year period ends. Making consistent smart financial decisions over time, such as responsibly using credit cards, can help steer your credit in the right direction.

However, the laws do not require them to do so, and often you will find out that your car or truck is being repossessed when the repo agents show up to tow it away. Once the vehicle has been physically repossessed, the lender will sell it through a private sale or auction.

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Oklahoma Complaint for Wrongful Repossession of Automobile and Impairment of Credit