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

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.

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.

You may be able to buy back the vehicle by paying the full amount you owe (usually, that includes your past due payments and the entire remaining debt), in addition to the expenses connected with the repossession, like storage, preparation for sale, and attorney fees. check Virginia Code 6.2-2217 for your rights.

West Virginia law prohibits creditors from seizing your vehicle until they have informed you of your delinquency and allowed you a minimum of 10 days to catch up on your missed payments. This means you have a limited time to catch up before the creditor can start the repossession process.

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.

A repossession typically stays on credit reports for seven years. However, you can take steps to improve your credit before the seven-year period ends. Making consistent smart financial decisions over time, such as responsibly using credit cards, can help steer your credit in the right direction.

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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West Virginia Complaint for Wrongful Repossession of Automobile and Impairment of Credit