Tennessee 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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  • Preview Complaint for Wrongful Repossession of Automobile and Impairment of Credit
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FAQ

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.

Lenders are also not required to obtain a court order to repossess your car. Generally, most lenders start the repossession process once you're in default ? usually at least 90 days past due on a payment. The lender holds the right to repossess the vehicle while the borrower is in default.

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.

A repossession can stay on credit reports for up to seven years. ing to Experian®, the seven-year countdown starts on the date of the first missed payment that triggered the repossession. But Experian says that once that time period ends, they'll automatically remove the account from your credit report.

Under Tennessee law, lenders are not required to have a court order or notify you when repossessing your vehicle. They have the right to repossess your car at any time if you are behind on payments. However, lenders are not allowed to repossess a vehicle if doing so breaches the peace.

The creditor cannot commit a crime, use abusive language, enter a home without permission, or take an item if the owner physically resists; Cars can be towed from public or private lots; A car can be towed from the owner's driveway if no other car is moved, but a car cannot be towed from the owner's garage.

A repossession stays on your credit report for seven years, starting from the first missed debt payment that led to the repossession. In the credit world, a repo is considered a derogatory mark. After a repo, it's not unusual to see a person's credit score take a substantial drop.

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Tennessee Complaint for Wrongful Repossession of Automobile and Impairment of Credit