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Repo company refuses to release vehicle.

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What is the name of your state (only U.S. law)? Oregon

Editing to make this shorter so maybe I'll get some input

1) Finance company was informed on 7/26 (9 hours prior to repo) that a check to pay off the loan was in the mail.
2) Finance company repossessed the car 9 hours later on 7/26 anyway (in violation of a Ch. 7 automatic stay).
3) Attorneys worked out an arrangement to pay off the car with the EXPLICIT written agreement that if I paid the loan in full on 8/1/11 the car would be release to me the same day.
4) I paid the loan in full per the agreement and finance company told the repo company to release the vehicle to me.
5) Repo company refused to release the vehicle on 8/1/11 in retaliation for a small claim i filed against them.
6) Repo company continues to refuse to release the vehicle on 8/2.
7) Police will not take a stolen vehicle report.

I cannot afford to pay my attorney for any more time on this, i spent every last dime I had to get my car back...and now I can't get the car back...HELP!
 
Last edited:


Mass_Shyster

Senior Member
3) Attorneys worked out an arrangement to pay off the car with the EXPLICIT written agreement that if I paid the loan in full on 8/1/11 the car would be release to me the same day.
Sue the finance company for breach of contract.

Sue the repo company for conversion.

Inform repo company you will be renting a car and adding the rental fees to the claim.
 
Sue the finance company for breach of contract.

Sue the repo company for conversion.

Inform repo company you will be renting a car and adding the rental fees to the claim.
1 and 2 I have no problem with :)

3 is a problem...I'm in bankruptcy and literally spent every last dime I had to get the car out of repo...it shouldn't have been repoed in the first place. I finally got their attention when I showed them the adversary proceeding I was going to file with the bankruptcy court immediately if they refused again to release the car this morning. Once they read though it and called their lawyer I had my car...along with $3,600 in damages they caused to it in the act of repossessing it (not including the radio which is now "missing").

So I've got the car back. It's safely and securely parked inside my garage incase the repo company is feeling vindictive and want's to come try to pick it up again...and tomorrow we're filing for all kinds of fun things (I missed a job interview because of the illegal repo) with some big fat punitive damages in there as well. :)
 

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