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My mother in law had her car repossessed a few days ago.

My mother in law...

My mother in law had her car repossessed a few days ago. Saying insurance company didn't respond fast enough to whether or not she had insurance. Also they claimed she was in default for non payment. Come to find out payments were in their mail , which they hadn't checked. Now she's having to pay the tow company $2100.00 to get her vehicle back. It just doesn't seem right. Would she have any claim for damages for them doing this to her?

Lawyer's Assistant: What state is this in? And how old is the car?

Oklahoma, 2010.

Lawyer's Assistant: Has anything been filed or reported?

Such as?

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Answered in 17 minutes by:
3/8/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,717
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about this situation.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Your Question:

Would she have any claim for damages for them doing this to her

Response: Yes, she would because of the way her account was handled. However, first thing first, she needs to get the car back and make sure nothing was damaged. If anything is damaged or missing from her car, she would add that to her damages. Then she would total the amount: towing costs, damages to her car, any missing personal properties in her car when the tow took place and send a formal demand to the lender to reimburse her because the repossession was wrongful. If her demand is denied or ignored, then she needs to file complaint against the lender with the Better Business Bureau, Attorney General's Office and Consumer Financial Protection. If her issue remains unresolved, she can then file a lawsuit--a Small Claim case against the lender. This lawsuit would be filed at her local Courthouse. She can obtain complaint forms at the Courthouse or online if the Court makes forms available to general public online.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,717
Experience: B.A.; M.B.A.; J.D.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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