Illegal Repossession of Car in Texas law ?
Illegal Repossession of Car in Texas law ?
I have a car that was 45 days late. Or 08/11/99 -- I wrote a check for the late
and next payment that was deposited and credited to the note on 08/13/99. The
check cleared my bank on 08/16/99. On 08/13/99, the bank issues an order to a
repossession firm to go get the car. I receive no notice of acceleration or
possible repossession. The repossessor shows up at my business at 2:00 in the
PM on 08/17/99 and proceeds to hook it up to a tow truck. It is in front of my
business on a very busy street and creates a tremendous commotion.
Seeing this I went out and demanded they leave or I will call the police. They
tell me they have already called the police leaving me to believe that they are
on the way. I ask for five minutes to call the bank and verify that the note is
current. They begin dragging the car off. I insist on getting my personal items
out of the car. The repossessor tells me that If I do not give him the key, he
will do GREAT damage to the car by towing it off. I give him the key and they
drive it off.
I call the bank and they confirm the note is current and have the car returned
within 45 minutes, However, the repossessor tells me he will not return it
unless I pay him $200. I gave him $200. I live in Texas. Obviously, i know law here.
But the note says they have the right to repossess unless they trespass or breach
the peace -- if the note is past due.
What are my remedies from the repossessor and the bank?
- Since the banks agreed that you own the car and it should be returned
to you, why didn't you call the police at that point and charge the
repossessor with possession of stolen property? Since you did not
request any services from the repossess