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need to block sale of auto which was illleagleily reproed and

to get the company in...
need to block sale of auto which was illleagleily reproed and to get the company in court too answer for bad contract
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Answered in 1 minute by:
5/3/2011
Dimitry K., Esq.
Category: Business Law
Satisfied Customers: 41,221
Experience: Run my own successful business/contract law practice.
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Thank you for your question.

May I ask how long ago this vehicle was repossessed? Why do you claim it was illegally taken? What happened? Could you explain the situation in greater detail please?
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Customer reply replied 6 years ago
was taken on 4/28/2011, I say illeaglly taken because there was no lean on auto even thouhg I gave up title at frist and then found out the company had bad lending habits and would not put the lending practices in writing o I elected to go to court and then I got my title back with no lean placed on it so I placed a courtesty stop at DMV which I was told at DMV they couldnot get a leand after I place stop unless I didnot get preliminary injunction with a temporary restraining order within 30 days
Thank you for your follow-up.

Who took the vehicle, a repo company? Just to be clear, you went to court, received full title, and the company still repoed? On what grounds--are they claiming you owed money? When was the court decision?
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Customer reply replied 6 years ago
not gone to court as of now I elected to go to arbbittration and stated so to lending company and they stop answering question al so got deffarl for one month payment after I had heartattack they are saying that I am 2 months behind the one deffarlment monthand this last month payment due on 27th of each month have 15 day grace before late charge is added and have all my cashed checks and stubs for money orders to back me up
Oh, so the arbitration panel provided you with full title? Who got the default, you did or they did?
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Customer reply replied 6 years ago
no the title loan company gave back the title with no lean on it we didnot make it to court all this just came about in the last 40 days so they had the car pickup so I could not go forward with abbittration and they must have relivlezt they had not lean on the auto which by the way is a2004,benz S430 in preect condoition
Thank you for your follow-up.

Now I am beginning to understand. What you must do is either personally or via an attorney (an attorney would be better as you can sue the lender for damages and attorneys fees in this case) contact the local courthouse and file a petition for an order requesting a temporary stay against a sale of the vehicle. That temporary stay is the preliminary injunction that you were advised to get. Then, once the order is in place, go to the judge and prove that you made all the payments, acted in good faith, while the lender illegally took the vehicle when they had no lien on the vehicle. Then have your attorney request damages, a removal of the remainder of the loan as punitive damages, and attorney fees.

To find an attorney that can help you, I would suggest that you browse the listings at www.avvo.com and www.martindale.com. There you can search by fees, location, experience, and expertise.

Good luck to you.
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Customer reply replied 6 years ago
so you said would I could not think in words also ther is one more thing I got a letter that i had to sign for today that they are going to sale auto in 14 days but no notice of were sale would be held, and also auto is worth 42,000 I borrowed 3,500 if they sale before can file and dont tell me how do find out infro for sale and can they sale for less tha auto is blue booked for and keep my autoand yes I Accept.
That is why you must get an attorney ASAP. The faster and quicker you file for an emergency stay, the faster they will be unable to pursue such a sale and auction off the vehicle. If they end up selling it for more than you borrowed, by law they must first keep the funds they are entitled to (which would include the debt and the repo and the auction fees), and then they would have to send you a check for the remainder.

Good luck.
Dimitry K., Esq.
Category: Business Law
Satisfied Customers: 41,221
Experience: Run my own successful business/contract law practice.
Verified
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Dimitry K., Esq.
Dimitry K., Esq.
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Category: Business Law
Satisfied Customers: 41,221
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