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Must dealerships issue a repo order in order to take my car?

Discussion in 'Car Sales, Dealers, Repairs, Lemon Law' started by 2ManyIssues2Count, Jan 28, 2020.

  1. 2ManyIssues2Count

    2ManyIssues2Count Law Topic Starter New Member

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    Jurisdiction:
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    I leased a car and even though I leased it they also financed me for the full amount without me knowing. I didn't find out til this past month and they came and took my car saying I broke the contract. Just in the past few days after taking my. car without obtaining a repo order or placing one in my county and. refusing to show me one, I realized they fixed the mistake. they made. on financing the full amount on the car. They initially told me I must pay the full remaining balance on the car in order to get it back on the phone which was 28k even though I only leased it and I can verify this. But now checking my credit they only have me as owing them the remaining lease amount which was 11k or so. I am not sure they could take it without an order but even considering this they caused considerable damage to my credit the past year because I was not able to get credit when I needed it being unaware they financed me the full amount on a car while only supposed to be leasing it to me. My initial question though is could they even take it without making a repo order in the county it was taken? Then following, what should I do to start making them pay for the damage outside of this they have done?
     
  2. army judge

    army judge Super Moderator

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    Read your contract to KNOW for sure.

    Usually the lender (entity holding the note) need do nothing but prove that the debtor was not current with payments.


    If you believe you were damaged illegally by the actions of another, you can sue.

    Again, read your contract, because the usual answer is the lender can't be sued for actions associated with the contract.
     
  3. flyingron

    flyingron Active Member

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    An order is not required if they do not need to breach the peace to retrieve the car. All they need to do is send the five-day notice that you are in default and they're free to take the car.

    You seem to not understand what a car lease is. It's not like a monthly rental. Essentially it's an elaborate financing plan. If you defaulted and they took the car, they don't have to give it back PERIOD. They can certainly make you pay off the residual value (which in this case is likely the entire car).
     
  4. Tax Counsel

    Tax Counsel Well-Known Member

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    We'd need to read the lease to know what the lessor might be able to sue for. But it certainly wouldn't be the entire value of the car. The lessor has the car back. It might be the present value of the remaining lease payments less what the lessor obtains from selling or leasing the car to someone else, however.
     
  5. flyingron

    flyingron Active Member

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    I was referring to what he would have to pay them to get the car back, not what he could be sued for. I was addressing this statement of his, "They initially told me I must pay the full remaining balance on the car in order to get it back..."
     
  6. 2ManyIssues2Count

    2ManyIssues2Count Law Topic Starter New Member

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    They retrieved the car from a private parking lot and days prior had tried to take it coming up on a private lot where the tags were not visible from the street. I asked to see the order and he went and grabbed a piece of paper but wouldn't show it to me. The main problem I see is they leased it to me but charged me for the full amount when I leased the car and I was unaware of this til nearly a year later. When they came and got the car the second time, they were sneakier about it and retrieved it from a place you couldn't even see it from the public road. What kind of motion would I need to file to get it started or who could I contact to get it In motion until I find a lawyer? I tried asking to retrieve my belongings but they won't tell me where it is without me giving them a lot more information than they've ever asked for before. I feel like being it was a lease and them having charged me for the full amount they could have no just cause for coming and taking it in the first place.
     
  7. flyingron

    flyingron Active Member

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    That doesn't sound like breaching the peace. Breaching the peace means they have to enter a locked area or some place they can't just walk into and drive/tow off. Not being visible means squat.

    Huh? The cause is you didn't pay. That's all the cause and legal process they need to follow.
     

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