Maricopa Arizona Complaint for Wrongful Repossession of Automobile and Impairment of Credit

State:
Multi-State
County:
Maricopa
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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FAQ

Two or three consecutive missed payments can lead to repossession, which damages your credit score. And some lenders have adopted technology to remotely disable cars after even one missed payment.

In Arizona, a consumer's vehicle may be repossessed by their creditor if they stop making payments or violate any of the terms of their loan. If the creditor has a secured interest in the vehicle, they have the right to conduct a repossession once the consumer enters into default.

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.

Your creditor has the right to "repossess" -- take back your car without going to court or, in many states, without warning you in advance. It's completely legal to take back a car that's behind on payments. You have to remember, that car secured the loan. Its collateral protects the creditor.

To attempt to get a repossession removed from your credit report, you'll need to initiate a credit dispute and prove to the credit bureaus that the repossession is fraudulent, outdated or otherwise inaccurate.

If you can't pay the entire amount due on the loan in a certain time period (usually 10 days), the creditor can then take back, or repossess, the property.

How can I dispute a repossession from my credit report? To attempt to remove a repossession from your credit report, you'll need to initiate a credit dispute and prove to the credit bureaus that the repossession is fraudulent, outdated or otherwise inaccurate.

As a result, it's crucial that you understand the different ways you can 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.

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.

A 609 dispute letter is a letter sent to the bureaus requesting this information is actually not a dispute but is simply a way of requesting that the credit bureaus provide you with certain documentation that substantiates the authenticity of the bureaus' reporting.

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Maricopa Arizona Complaint for Wrongful Repossession of Automobile and Impairment of Credit