Texas Complaint for Wrongful Repossession of Automobile and Impairment of Credit

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

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FAQ

They Can't Breach the Peace Texas law doesn't define breach of the peace, but here are a few examples that would generally be considered a breach of the peace: Opening a closed garage door to repo your vehicle. Breaking into a locked gate to repo your vehicle.

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.

Breaching the peace during an auto loan repossession can include using physical force or threats of force and breaking into locked buildings. All laws on repossessing cars prohibit breaches of the peace.

Under Texas laws, your possessions can be repossessed if you have defaulted on a loan that is secured by that property. This means that you pledged the thing you were buying as collateral to secure the loan, and if you fail to make the required payments, the lender has the right to repossess it to recover the debt.

For example: the repo agent cannot break into your locked garage to access the car he or she is repossessing. Repo men are not allowed, in any way, to threaten or physically harm you while in the act of repossession. This would be considered Breach of peace. Filing bankruptcy can stop repossession from taking place.

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.

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Texas Complaint for Wrongful Repossession of Automobile and Impairment of Credit