Virginia Complaint for Wrongful Repossession of Automobile and Impairment of Credit

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Multi-State
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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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FAQ

Your Rights Under Virginia Law Repossession agents are permitted to come on to your property to take your vehicle, but are banned from doing any of the following: Using physical force. Threatening physical force. Breaking into a closed garage or gated area.

Virginia lenders are required to honor a prior notice requirement. This means that lenders can't repossess your vehicle unless they've told you ? at least 10 days in advance ? in writing, that your payments are past due.

After the repossession, at least 10 days before the intended sale date, they must give specific written notice that the loan is in default and of the right to cure, meaning that the consumer has a specific amount of time to pay off the loan (or, at the lender's option, to bring the loan current). get the car back.

Check Virginia Code 6.2-2217 for your rights. Some states have laws that allow you to ?reinstate? your loan. This means you can reclaim your car by paying the amount you are behind on your loan, plus your creditor's repossession expenses. a creditor may not keep or sell any personal property found inside the vehicle.

In Virginia, a creditor may not repossess unless you're more than 10 days late with a payment. If you make all missed payments and any late fees, within 10 days of the due date, a creditor may not repossess. If you are more than 10 days late with all or part of a payment, a creditor may repossess.

Except in the case of fraud or a voluntary surrender of the motor vehicle, a licensee shall not take possession of a motor vehicle until such time as a borrower is in default under the loan agreement.

Check Virginia Code 6.2-2217 for your rights. Some states have laws that allow you to ?reinstate? your loan. This means you can reclaim your car by paying the amount you are behind on your loan, plus your creditor's repossession expenses. a creditor may not keep or sell any personal property found inside the vehicle.

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Virginia Complaint for Wrongful Repossession of Automobile and Impairment of Credit