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

State:
Multi-State
County:
Pima
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

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.

You can avoid repossession by reinstating or refinancing the loan, selling/surrendering your car, or contacting your lender to ask for other options. If you're having issues handling your car loan or other debt, bankruptcy might be a good option for you.

You can avoid repossession by reinstating or refinancing the loan, selling/surrendering your car, or contacting your lender to ask for other options. If you're having issues handling your car loan or other debt, bankruptcy might be a good option for you.

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.

Repossession Laws In Arizona. 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.

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.

Call the bank and ask to speak to a loan officer or supervisor who has the authority to negotiate with you. Heaps recommends being proactive in calling as soon as you realize you are at risk of repossession, which typically happens when you have missed at least one payment.

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.

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.

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.

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