Rhode Island Complaint for Wrongful Repossession of Automobile and Impairment of Credit

State:
Multi-State
Control #:
US-01419BG
Format:
Word; 
Rich Text
Instant download

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

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.

If you default on your written loan agreement, a creditor can repossess a vehicle or personal property (but not a house or land) without advance notice to you and without filing a lawsuit. This is because your installment loan is secured by the property.

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.

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

The car will probably be sold for less than what you owe, and you'll be left with what's called a ?deficiency balance.? This balance includes penalties, fees, interest, and any costs that were incurred from the repossession and sale, as well as any remainder of the loan balance not covered by the sale.

In Rhode Island, your car can be repossessed even if you miss just one car payment. But your payment must be 10 days late before the creditor can begin the repossession process. During these 10 days, the creditor must allow you to pay the past-due amount you owe.

If you are more than 10 days late with all or part of a payment, a creditor may repossess. However, if your creditor has agreed to accept your late payments or to change your due date, repossession may not be allowed.

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Rhode Island Complaint for Wrongful Repossession of Automobile and Impairment of Credit