Heightened Knowledge of Wrongful Repossession Suits The value you can sue for wrongful repossession really depends on several In this article, we take a closer look at what you can to do if your car is unlawfully repossessed by determining some likely recourse action available to the consumers.wrongfulrepossession (ad)
What Factors Affect The Damages In Wrongful Repossession Cases?
Character of the Repossession: The reclamation specialist’s legal standing is vital. But in many states, if the repossession is conducted without a proper authorization or infringe state laws you may have claims to sue for damage. For example, if the police participated in an illegal repossession by filing a false theft report to get their property back this easily could result in civil rights claims against both the repossessor andthe cop14.
Statutory Damages: The FDCPA also states that consumers may have a statutory claim up to $1000 for violations during the wrongful repossession. This includes not only the recovery of compensatory damages, but also attorney fees through out the claims process.15
Consequential Damages: In addition to these remedies, the consumer has a right under the law for recovery of consequential damages due to an improper repossession. This can include lost wages, costs of getting the vehicle back, and emotional distress claims for anxiety caused by the repossession23.
Breach of Peace – If a repossession agent breaches the peace — such as through threats or unauthorized entry on private property, this can make the repossession invalid and thus be grounds for further damages. For example, courts have granted relief to consumers when agents repossessed inadequately46.
Potential Remedies Available
Nominal Damages: It is for those cases where a consumer proves wrongful repossession but cannot show substantial monetary loses, they might be still awarded nominal damages and recognized that your rights are violated.
Triple Damages — some states allow consumers to recover triple the value of a repossessed vehicle and other out-of-pocket costs if they can show that especially egregious or deceptive practices led up to the seizure.
Unlawful Repossession Cases: Consumers often are entitled to recover the fees their paid out of pocket for attorneys and lodging operations, all of which increase substantially late finish.12
In essence, the amount of restitution one may claim in a wrongful repossession lawsuit differs greatly from case to case; factors such as breach of peace and statutory violations heavily influence these numbers however, consumers generally have many legal resources at their disposal which can entitle them to large sums.
