Harris Texas Complaint for Wrongful Repossession of Automobile and Impairment of Credit

State:
Multi-State
County:
Harris
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

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.

In fact, it's a crime to hide or conceal a property on which there is a lien. If the lender's repo man suspects that you are attempting to break the terms of the contract by hiding the property, they can report this to the authorities who can then charge you with a crime.

In Texas, that statute of limitations is four years. Creditors may take other action against you even if the statute of limitations has expired.

Texas and Federal Law The statute of limitations on debt in Texas is four years. This section of the law, introduced in 2019, states that a payment on the debt (or any other activity) does not restart the clock on the statute of limitations.

Tips. Paying off a repossession can help your credit score since it reduces debt owed, and you may be able to get the item removed from your credit report. However, the significance of impact on your score depends on your credit history and profile and whether you take a settlement.

If the proceeds from the vehicle's sale do not pay the loan in full, you continue to owe the remaining balance on the account. Therefore, the lien holder can still file a debt collection lawsuit seeking payment of the amount remaining after repossession. The court can enter a judgment against you.

A repo man (person hired by the creditor to take the asset subject to repossession) can come on to your property at any time, but cannot enter your house without permission.

How to Avoid Repossession Communicate With Your Lender. As soon as you think you might miss a car payment, reach out to your lender to discuss your options.Refinance Your Loan.Reinstate the Loan.Sell the Car Yourself.Surrender the Vehicle Voluntarily.

Texas repossession laws require a lender to have a valid lien on the vehicle to repossess without a court order. In other words, you must have pledged the car as loan collateral for the lender to have a lien that covers it. In many cases, individuals use a vehicle as collateral to obtain a loan for its purchase.

In most states, using physical force to cut a lock or chain or otherwise damaging property is considered a breach of the peace. Repo men are not allowed to do anything that counts as trespassing or breaching the peace to get to your vehicle.

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Harris Texas Complaint for Wrongful Repossession of Automobile and Impairment of Credit