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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 117430
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Our Company vehicle was illegally repossessed in VA, i.e. the

Resolved Question:

Our Company vehicle was illegally repossessed in VA, i.e. the Las Vegas firm hired to execute the repossession did not get a warrant.

We have since located the vehicle parked in SE section of Washington DC using our tags and our Dept. of Transportation #.

We still have truck insured and have a key.

Question, can we legally take our truck back?
Submitted: 5 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 5 years ago.
Why do you say the company needed a warrant? Was the vehicle locked inside your premises when they took it?
Customer: replied 5 years ago.

The paper work from the Las Vegas company that initated the repo stated in their request that " Gordon Scott is a skip, please do not make contact". Virginia law requires a court order if repo is not on a voluntary basis. I would have never agreed to repo and they lied in their repossesion document. I had not skipped and the other party to the sale violated the asset purchase agreement.

 

I can reached at XXX-XXX-XXXX

Expert:  Law Educator, Esq. replied 5 years ago.
I am afraid that VA law does not require a warrant to repossess a vehicle if the payment is 10 days or more overdue. A creditor may repossess a vehicle in VA at any time and at any place the vehicle is found as long as they may do so without a breach of the peace. Also, you need to read your loan contract, because that will also describe their right to repossess the vehicle. If they come onto private property to repossess the vehicle and are asked to leave the private property then they must do so. However, no warrant or advance notice to you is required for them to repossess a vehicle in VA. See: VA Repossessions

If they lied and you were not at least 10 days delinquent in payment, then this is grounds to go to court and sue for an unlawful repossession. However, I am afraid you cannot just go and recover the vehicle, you have to go to court now if you are alleging they repossessed the vehicle contrary to your loan agreement or that they misrepresented that you were more than 10 days delinquent on the payment.


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