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Car Repo - Sue for Breach of Peace/Emotional Distress

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wanttoknow07

Junior Member
I live in Southern California.
Five months ago, my car was repossed at 3:00 AM. I live in a controlled access complex. The security guard escorted two very large black men into my secured access building and directly to my front door on the 2nd floor. The security guard stood by as these men pounded loudly on my door and yelled and threatened me. They even boasted, "Yeah, we've even got your security guard with us." Then the security guard led the men to the controlled access garage, my car, and then let them opened the gate so they could drive my car out.
I repeatedly told the repo men that I had made my payments - even showed them the receipt and asked repeatedly for them not to take my car.
By 10:00Am that same morning, I had a attorney. Long story short, we sued the creditor (car loan company) and have recently settled with them (they agreed to waive the deficiency, remove all negative reporting from my credit report, pay my attorney fees and pay me damages.)
Now that that has been resolved, I want to sue the security guard and his employer for emotional distress. I already spoke with my property manager and was informed that the security guard had no right to bring the repo men to my door or allow them to take my car. In addition, I want to sue the repo company for breach of peace. The attorney who handled my suit against the car loan company won't take the cases because there is not enough return for him. Should I sue in small claims? Hire a lawyer? Please advise. Thank you.
 


cosine

Senior Member
Tell your attorney that YOU will pay ALL his costs as they are incurred. Then when (if) you win, you keep the whole winnings, including the "legal costs" (since you incurred legal costs). If this attorney still won't do so (perhaps because he wants larger margin over just an assured cost), then look for another attorney. This site has links to find attorneys.

If you can't afford they costs, then you have to hunt harder for an attorney, and also realize the legal system favors those with money.
 

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