Legal Question in Credit and Debt Law in California

Unlawful Automobile Reposession?

I have a quick question. The lienholder of my 1993 Mercedes Benz reposessed my vehicle although payment had been made on the date promised. Unfortunately, the check sent has not cleared my bank, nor do they claim to have received it. I have stopped payment on the ckeck and agreed to send a cashiers check to them in the amount due. I have faxed a copy of my duplicate check with a note stating when it was mailed. Did they have a right to take my car? And am I required to pay the fees to get my car out of Repo, or should they eat the costs and deliver my car back to me?


Asked on 2/06/02, 11:37 am

3 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Unlawful Automobile Reposession?

First things first. You should pay the fees to get the car out. If they are right, the storage fees will accumulate, which will ultimately cost you more to retrieve the car.

Now, if they are wrong, and it would take a deeper investigation into all the facts to give you an answer on that, you can file suit against the company for reimbursement of the fees.

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Answered on 2/06/02, 12:24 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Unlawful Automobile Reposession?

There are ways to prove that you made payment timely even if they say they did not receive it. After you get your car back then you can sue the finance company for your costs plus the value of a rental vehicle for the time you were without a car. You can also probably sue for attorney fees as that is probably in your contract. How do you prove you sent a check in the mail?--You produce your bank account statement and check register showing that the check number is missing and falls between the dates of prior and subsequent check numbers.

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Answered on 2/06/02, 2:38 pm
Alexander Trueblood Trueblood Law Firm

Re: Unlawful Automobile Reposession?

I have a client with a very similar case against Mercedes Benz Credit. If the lender is MBCC, could you please call my office, and I will try to help you.

Alec Trueblood 310-443-4139

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Answered on 2/06/02, 2:56 pm


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