Pennsylvania 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
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FAQ

If you keep missing payments on your car loan, your lender will eventually declare that it is in default. This may happen after as little as 30 days, but can take up to 90 days, depending on the terms set by your lender.

Unfortunately, there are ways to retrieve your car. First, you can pay the lender what you owe them, including any costs incurred during the repossession, such as the fees charged by the repo company and any storage fees. If you cannot afford that route, you could file for bankruptcy.

The repossession company cannot force a consumer into giving up their vehicle with threats, using violence against them, or giving them misinformation regarding the repossession. Furthermore, they cannot damage or break into a consumer's property during the repossession.

Each lender will have a different policy for deferment, so the exact number of times you can defer a car payment will vary. It may be that your lender only allows one deferment, others could allow two or even more.

Notably, the laws allow lenders to repossess as soon as you are in default. Typically, this means the moment your first payment becomes late. Although your contract may include a grace period, these usually only apply to late fees and not when your vehicle can be repossessed.

An individual attempting to repossess a vehicle cannot enter an enclosed building or property without your consent, threaten you with violence or force, damage your property or vehicle, call the police, falsely assert they have a court order, or physically engage with you.

Repossession laws vary from province to province in Canada but it's likely the lender will notify you if you have missed payments. But, even with a good history, if you miss two or three payments in a row it's likely your car will be repossessed.

And here, the answer is more complex, as it hangs on your relationship building with the lender. Most won't begin repossession until you miss three or more payments, but, as mentioned, they have the right to act after the first instance. The only solution is to try and build a positive relationship.

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Pennsylvania Complaint for Wrongful Repossession of Automobile and Impairment of Credit