What is the name of your state (only U.S. law)? Michigan
First let me start by saying, yes I am behind on my car payments.
I am 27 days late as of today. I understand that they financed my car, and I was responsible for paying them on time. Before you tell me that I signed a contract, and I knew the terms I want to tell you I am aware of all of that. I live in a state that seems to be crumbling around me. There are more houses vacant on my street than not, and foreclosure stickers on every single street. I have been working very hard to keep our house payments, utilities and food on the table. i have not been spending money that I shouldn't and putting off my car note. The money and work simply isn't there like it used to be.
However, it is unbelievable what just happened to me and I would like to get your opinions on what you think I should do at this point.
Earlier this evening my husband ran into the house and stated that there was a tow truck in the driveway. I ran outside and asked what they were doing and I was told to move out of the way. My car was parked with the front end in the garage, the back end hanging out. The tow truck driver said that he was repossessing my car, and I told him no he was not. He started yelling at me to move out of the way and was trying to get the guy with him to hook up my car. I told him to leave my property and he refused, I asked him to see a court order for repossession and he told me that he did not need one.
I told him again that he was not hooking my car to anything before I saw any papers from him. I also told him he did not have my permission to take anything out of my garage (although to be honest again, half of my car was in, half was out) I then called the police. He flipped my phone closed at which point I moved back from him and reopened and dialed 911.
I explained to the operator what was going on, all the while yelling back and forth with the tow truck driver. While on the phone with 911 told the other person with him to hook up my car. He was also yelling at my husband to give him the keys, which I refused. I disconnected with the 911 operator and called capital one and they told me they would talk to the tow truck driver to stop the repo, however the repossession agent refused. I told him that I needed to get my purse out of the car, at which point the bigger of the two men pushed me from my car, and told me not to touch the vehicle again.
The other man was still trying to get my car hooked up and the man again insisted that we give him the keys. It was at this point that the police officer showed up. He was absolutely no help what-so-ever, and told me that I had to let them take my car. I explained to him that he was yelling, making a scene and arguing with my husband outside and causing a scene and refusing to speak with capital one (whom was still on the phone listening) he told me that he did not have to talk to capital one, he wasn't going to speak to capital one and to give the tow truck driver my keys.
At this point, I was very upset and admittedly getting loud with the police officer. I did nothing illegal, but he was talking to me like I was the biggest scum on earth for not paying my car note on time.
The police officer asked the repossession men if they had a copy of the order from Capital One to provide me, they said they did not and he said thats OK, and waived them to leave. I had to sit and watch as they finished strapping my car and they drove off. I went to go back into my garage at which point the entire door folded in half into the shape of a triangle. My door was not damaged before the repossession men came. I immediately told the police officer I wanted to file a police report for damages at which point the police officer told me that I could not prove when my garage door was damaged. The police officer said that it looked like it had just fallen off the track...interesting how my garage door never had a single problem until they came into my garage to take my car.
The police officer called for assistance at that point in which another police officer just came and pretty much listened to the story all over again. I was told at that point I had no proof that they repossession agents damaged my garage door (which again, I really do not, but the honest truth is there was nothing wrong with my garage door before this point, and the garage door was 3/4 open when they came for the car, not folded down or damaged in any way. I insisted that they file a report and they said they would but it was very unlikely there would be anything to come of my claim, but they would file a report for me to pick up after 7 days.
Please - can I have some constructive advice on what my next step should be, besides of course calling a lawyer? Do I have grounds to take this to court? Should I take this to court? We planned on paying the car payment tomorrow which is my husbands paydate, however I will not be able to afford the fees they are going to charge for towing etc, and I really honestly feel I have been wronged.