wrongful repo

[jadajag]

I live in KY, I own a used car lot. I owe a finance company $5000, down from original $50000 in Jan. Business has been slow so I didn't pay very much in Sept. The finance company came and repoed a car that does not belong to me. They said they had a right to take anything on my lot valued at $5000. They said they have a UCC contract that allows them to do that. The owner of the car said he will sue them. They said I will have to pay their legal fee if he does. Can they legally take any car they want and would I be responsible for their fees?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Okay, how did this car wind up on your lot and not on the owner's lot.

As to the UCC contract, I think there are limitations. I have never heard of them being able to take what is not yours (just because it is on your property).

As to paying the owner's legal fees, you don't have a contract that says this. You didn't do anything wrong as far as this repossession is concerned, therefore, you are not responsible for their legal fees.

However, if you had a bailment issue whereby the car was on your lot for a reason, you may have a claim against you for that.

 

[jadajag]

The car was on my lot to sale on commission. A friend of mine put his cars on my lot to sell for him when he closed his car lot. Can we get this company for auto theft?

 

[lawrat]

You can try to get this company for auto theft. Whether or not you have a good case will depend on the state statute covering auto theft and any case law on it.

You will need a lawyer for this. Try attorneypages.com