Oregon 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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FAQ

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.

A creditor can repossess only if you signed an agreement making the property collateral. You must also have failed to comply with the written agreement. Most creditors have you sign papers allowing this when you buy a car on credit. A creditor cannot repossess a house or land.

Stopping Car Repossessions by Lenders & Your Legal Options Reinstating the Loan. ... Refinancing the Loan. ... Negotiating With the Lender. ... Filing for Bankruptcy.

In Oregon, state law allows a borrower's car to be repossessed as soon as they're in default on their car loan. The borrower's car loan contract will spell out what constitutes a default. It could be as little as a single missed payment or being a day late on the payment.

Repossession is not allowed unless the creditor has a security interest in the property, and unless you have broken your contract. If an item is repossessed when there is no contract that allows this, you may be able to sue the creditor.

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Oregon Complaint for Wrongful Repossession of Automobile and Impairment of Credit