Bronx New York Complaint for Wrongful Repossession of Automobile and Impairment of Credit

State:
Multi-State
County:
Bronx
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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  • 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

Explain that you would like to dispute a repossession on your credit report. Give identifying information, such as your credit report number. Depending on the credit bureau, they might also ask you to include the following information: The name of the company that reported the repossession.

If the lender can't prove that your debt is accurate, fair and substantiated, then the credit bureaus can remove the repossession from your credit reports. Your window to negotiate with your lender may be short or already closed if they've already repossessed your asset.

Debt settlement can help clear your record from old repossession charges. Debt settlement companies will negotiate with your lender to help lower the amount of money that you owe on the repossession.

In most states, you have to pay off the entire loan to get your car back after repossession, called "redeeming" the car. The balance you would need to pay to redeem the vehicle might include extra fees and charges, including repossession and storage fees, and even attorneys' fees.

If your car or other property is repossessed, you might still owe the lender money on the contract. The amount you owe is called the "deficiency" or "deficiency balance."

You can dispute a repossession by sending a letter to the credit bureau that's reporting wrong information on your credit report Equifax, TransUnion, or Experian. The credit bureau generally has 30 days to investigate your claim.

Determine eligible debts and create a settlement plan. Start saving money in your savings account, using money you would pay to creditors. Make regular payments to the account until Optimal Debt Solutions can help you settle and pay for the service. Check your credit to confirm the debt is resolved.

Often, a bank or repossession company will let you get your car back if you pay back the loan in full, along with all the repossession costs, before it's sold at auction. You can sometimes reinstate the loan and work out a new payment plan, too.

Ideally, you should start these negotiations before the repossession process. If you negotiate after repossession, however, you may be able to use any questionable actions by the lender during that process to help bolster your bargaining position.

What Happens After a Repossession in New York? In most cases, the creditor will sell your car at auction for the highest price possible. If you have paid more than 60% of the loan balance, the repo is considered a strict foreclosure, and the lender has to sell your car within 90 days.

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Bronx New York Complaint for Wrongful Repossession of Automobile and Impairment of Credit