My friend’s car was repo’d last Wednesday @ 9pm and it had full tank in it. When she drove to the place where the car was held today, it was being ready to be auctioned off WITHOUT her permission. When it was returned, the gas tank was empty (It took only 1/4 tank to get there) and the car mats had been removed/stolen. Does she have the right to sue the company that had taken the car?
This happened in Houston, TX btw.
Thanks for all the answers so far. Sorry if it seems such a naive question. She has never had her car repossessed before.
if you are assuming she removed the mats herself or tried to pull off something to blame the repo co. she’s not. I was there when it happened and there are pictures of the mats before they took it to auction and she still has a receipt for the gas she pumped an hour before they took it.
Originally posted 2009-03-28 09:10:02.
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Only if they illegally repossessed her car, meaning she actually made the payments..and on time.
yes see state law
If a repo company took her car it is because she needs to pay for something she hasn’t paid for, so uh, no she can’t sue. she needs to pay the bill she hasn’t paid for and the sale of the car would probably pay for it since she won’t.
She should have the right, but unfortunately, she doesn’t. Repo (rapo) and tow companies are all scam artists and they could care less about the rest of us.
I would have her check into it most definitly…repo companies are out for themselves and noone else and I think that thye mishandled her case
RePo companies are all basically crooked!
They were created by the banks and they are allowed to operate outside the law.
You don’t have any choice, tell your friend she is lucky to get her car back.
One day maybe, RePo companies will be regulated as they should be!
You have the right to sue if you think someone broke the law. But your friend will probably lose, and pay a ton in attorneys fees.
As far as being sold without her permission, the car is still technically still the banks. As for the other, unless you could prove it, good luck. Remember this, it will cost more to sue then to just replace them.
Um, you sound confused. If the car was repo’d then your friend didn’t make the loan payments, so the lien holder (the bank) took the car back into their possesion. They are listed on the title as a lien holder, AND because they are the lien holder they also hold the actual title document. Since it was repo’d the only way she got it back was to pay the bank the amount that was past due. She did NOT have to give permission for it to be auction since she legally no longer owned the car.
Bottom line your friend is lucky to get the back to give the car back. They could have just continued to auction off the car and apply the proceeds against the outstanding loan. The remainder (if any) would be returned to your friend after taking out the costs for the repo team, legal costs, and any other costs involved in the repo.
Your friend misrepresented what happened. If the car had actually been auctioned, she would not have been able to get it back at all. Her permission is totally irrelevant. A repossession means she defaulted an the loan an the lender exercised their right under the contract SHE signed to take title to and possession of the car. Once that happens, it is not her car. I doubt the floor mats or the gas were in the car when it was repossessed.