You can sue a repo man that wrongfully repossesses your car
August 3, 2009 by Todd Murray · Leave a Comment
I’ve talked to a couple people lately who have told me about some really awful behavior by repossession agents. One person was run off the road by two repo agents working in tandem. Another was forced up against a wall and told that she was going to jail if she didn’t turn her car over. A third was physically dragged out of her car by the repo agent. Needless to say, all of these people were terrified by their experiences. All three of them called the police and all of them were told that the police would not get involved.
Fortunately for these people, they do have a recourse. The conduct described above is a violation of a number of laws. First, it is a wrongful repossession, at least in Minnesota. In Minnesota, repo agents are allowed to seize your vehicle without a court order, provided they do not “breach the peace”. Clearly, running someone off the road, slamming someone against a wall and threatening to put them in jail, and dragging someone out of their car all result in a breach of the peace. Thus, there is no longer a present right to possession of your car if the repo agent breaches the peace. If he seizes it anyway, he wrongfully repossesed your vehicle. The repo man may also be liable for conversion, which is essentially civil theft. Depending on the circumstances, you may also have a claim for assault, battery, or false imprisonment. And in some federal jurisdications, a wrongful repossession can also be a violation of the Fair Debt Collection Practices Act (FDCPA). In Minnesota, unfortuntely, federal courts have held that a wrongful repossession may not be a violation of the FDCPA.
You can sue a repo agent that has wrongfully repossessed your vehicle and receive money damages. If you live in Minnesota and have had a bad experience with a repo agent, feel free to contact me for a free case evaluation.
(photo: srqpix’s)
You can sue under the FDCPA even if you owe the debt
June 4, 2009 by Todd Murray · Leave a Comment
I’m often asked whether a consumer can sue a debt collector under the Fair Debt Collection Practices Act (FDCPA) if they owe the underlying debt. The answer is a resounding YES! The main purpose of the FDCPA is to protect all consumers against debt collection abuses, whether they owe the underlying debt or not. In fact, most people who sue debt collectors under the FDCPA owe the debt.
The FDCPA prohibits abusive, deceptive, and unfair debt collection practices. Some of the more common debt collection practices prohibited by the FDCPA are:
- informing third parties that you owe a debt;
- contacting you at inconvenient times or contacting you at work after you’ve told the debt collector not to;
- threatening you with violence;
- using abusive or profane language;
- threatening to take legal action when the debt collector has no intent to do so;
- falsely implying that you committed a crime by not paying the debt.
If a debt collector violates the FDCPA, you have the right to sue the debt collector and recover damages. You are entitled to $1,000 in statutory damages and compensation for actual damages, such as emotional distress. And if your case is successful, the debt collector must pay your attorney fees. Because of this, most consumer lawyers will accept a FDCPA case on a contingency fee arrangement. This usually means you will not have to pay any attorney fees, unless your case is successful.
If you’ve been a victim of abusive, deceptive, or unfair debt collection practices and you live in Minnesota, feel free to contact me for a free case evaluation.
(photo: AMagill)
