shotgunsmitty
Junior Member
North Carolina.
My car got repossessed, and my personal property inside (valued at approx $500) is now still inside the car. I have made an appointment with the company to come reclaim my belongings, but I'm being told that I must pay a $50.00 "paperwork/filing" fee in order to get them back.
I feel this "fee" is wrong. They are effectively holding my belongings for ransom and denying my use of them. North Carolina law states (as I'm sure that most States do) that nobody can keep or sell belongings that are not theirs. The company has an inventory of what's inside (to include a glucose meter that is badly needed for a family diabetic) but refuses to allow me to recover my belongings until this fee is paid.
Yes, I can file in small claims court...for a filing fee of $86.00, and a 4-6 week court date. The $86 is certainly more than the $50.00 they're asking, but the 4-6 week court date is out of the question because that meter needs to be used every day.
My questions: First, has this ever been challenged and won in North Carolina?
Second, would showing up with a Sheriff's Deputy to obtain my property be a viable solution? I hate to "call the cops" on such a thing, but if this is what it takes to retrieve what is rightfully mine inside the car, then that's the option I'll take.
Third, what options do I have? Redeeming the car is not an option at this point due to extortionistic "storage" fees and such.
Thanks for your help.
My car got repossessed, and my personal property inside (valued at approx $500) is now still inside the car. I have made an appointment with the company to come reclaim my belongings, but I'm being told that I must pay a $50.00 "paperwork/filing" fee in order to get them back.
I feel this "fee" is wrong. They are effectively holding my belongings for ransom and denying my use of them. North Carolina law states (as I'm sure that most States do) that nobody can keep or sell belongings that are not theirs. The company has an inventory of what's inside (to include a glucose meter that is badly needed for a family diabetic) but refuses to allow me to recover my belongings until this fee is paid.
Yes, I can file in small claims court...for a filing fee of $86.00, and a 4-6 week court date. The $86 is certainly more than the $50.00 they're asking, but the 4-6 week court date is out of the question because that meter needs to be used every day.
My questions: First, has this ever been challenged and won in North Carolina?
Second, would showing up with a Sheriff's Deputy to obtain my property be a viable solution? I hate to "call the cops" on such a thing, but if this is what it takes to retrieve what is rightfully mine inside the car, then that's the option I'll take.
Third, what options do I have? Redeeming the car is not an option at this point due to extortionistic "storage" fees and such.
Thanks for your help.
