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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118762
Experience:  Attorney experienced in commercial litigation.
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I got a car repossessed. I had already paid the car off but

Customer Question

I got a car repossessed. I had already paid the car off but didn't yet get the title from the dealership owner. A situation occurred and I was incarcerated and because the dealership owner, his mother and my ex wife are close friends my car was repossessed the day I went to jail. It was filled with my personal items in which hasn't been returned to me. I've tried calling the dealer and he hangs up on me. Why should or can I do? I want my items and car back or my money.
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
Also we had a short contract but if I understand right if after you've made 8 payments you lose your job and ask to be several weeks late and the dealer agrees foe you to pay when you can and agrees for the payment date to be different then the date on the orginal contract it's a breach of contract??? I had just moved out of my place and the vehicle was filled with my personal items. He won't give me the time of day and said he's going to auction off the car is what I've heard through several people! Now I do have the repossessed cars only ignition key as I had it in my pocket when arrested. I even did some work for the dealer to pay the one payment I had left after losing my job. Do I have any leg to stand on in small claims court?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You said you already paid the car off, so how could he repossess it if you owe no money? That would be an illegal repossession and you would need to sue in the regular civil court by filing a "Petition for Replevin and conversion" to get your car back and to get damages for them improperly taking your car. They could not take a car from you that you paid off and you own.
If you owed money on the car and he was holding the title for payment and you went to jail and did not make payments, then he would have to give you a chance to make up the payments and cannot just repossess and auction the car. Even if he did legally repossess the car, he must return all of your personal property and cannot hold that property.
Either way, at this point, you will have to take legal action against him because he is not communicating with you nor cooperating to try to resolve this matter and if you do not take legal action soon he could auction the car as he says and you would lose the car.