Real Life Examples Of Repossession Violations

Please Note

 

 

Below are real examples of FDCPA violations. These are meant to show the wide variety of conduct by debt collectors and creditors that can lead to lawsuit. This, by no means, is an exclusive list. You should not assume from these stories that the abuse you are enduring does not rise to the level of abuse worthy of the attention of our office or worthy of the legal system. It would be impossible for us to provide even a small list of all the potential violations, and we do not attempt to do so here. We want to discuss any abuse you are enduring at the hands of debt collectors and creditors.


 

 

Breach of the Peace.

 

Our client was behind on the payments of his car. The repossession employee came to his home and began to take his car from his driveway. The owner came out and jumped into his car. The repossession employee dragged him from his car and threw him to the ground. This is a "breach of the peace" and can make the repossession employee liable under the FDCPA and the RFDCPA, as well as for torts, such as assault or battery.

Another Breach of the Peace.

The Case Above Was Recently Highlighted On ABC's 20/20.

At 2:57 in the morning, a debt collector came to the apartment of our client, who was behind on his car payments. He pounded on the door yelling that he would wake up the man's neighbors and tell them that the man did not pay his debts if the man did not open the door. When the man failed to open the door, the repossession employee proceeded to call the man on his home phone, leaving abusive messages. Warning - the language in these messages is profane and the only items redacted are the consumers name, the finance company's name, and a part of a phone number. Click to hear call number one and two.

It is possible for a debt collector to violate the law in a letter, without ever speaking with you.

Both the FDCPA and the RFDCPA are highly technical in nature. When you receive a letter from a debt collector, the collector is required to provide you with certain disclosures and notices. The federal statute requires one notice (Click here to see a good example of that notice) while the state law requires another. Debt collectors often ignore these requirements or include the notice but change the required language. This is a violation of the law. Click here to see an example of a debt collector who ignored the state notice requirements.

 

 

Failure to Provide Proper Notices.

Our client was behind on the payments of her car. The company that financed her car repossessed her vehicle. The amount owed on the vehicle at the time of repossession was $23,000. The vehicle was ultimately sold for $12,000. Under the law, there was now a deficiency owed on the vehicle in the amount of $11,000. (The amount owed minus the amount received at auction). The deficiency is normally the responsibility of the owner. However, the finance company failed to provide the owner with proper notices prior to the vehicle being sold. When the finance company went after the owner for this deficiency, we sued. The owner did not have to pay the deficiency.


Battery.

Our client was behind on his car payments. The day before he made arrangements to pay the late payments by the end of the week. However, the finance company went back on the deal and before the week was over towed the vehicle with the owner's daughter still in it, as she was parking the vehicle. The care was physically picked up as she sat in the car, injuring her.