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Specific Repo ? - Personal property in a car


NefertitiX
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My husband's cousin's car was repoed and all of her clothes were in it (she was in the process of moving). The repo company says she has to pay them $25 for them to get her stuff out of the car and they won't let her get it because they say their insurance won't allow them to let her on the lot. I didn't think that UCC Article 9 allowed them to keep non-collateral property hostage or demand payment for it but I can't seem to find that when reading it. Can someone point me to the right subsection of Article 9 please? BTW, she's in PA.

Thanks,

Nef

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Nef Hurry! Tell her to pay the $25 and get her stuff before that car is removed to another repo site and/or sold. Hurry. Deal with the legal issues later. When her stuff is gone, it will be gone. Google UCC Article 9. I know nothing about it. Sorry!

Happy Holidays xcanex xcanex xcanex

June

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This is a new one for me. All I ever knew was they are suppose to give you so many days to come "collect your things" and that's it. In my state (Wa) I think I got 30 days? I heard nothing about "fees" or insurance excuses. I sure hope she's able to get her stuff back. :(

As for me, when I went through a repo 8 yrs back there was no way I could drive 3 hrs east to Spokane to get my things...

There needs to be more regulation on this sort of thing. I ended up with a parking ticket on that darn repo'd van that took me 2 yrs to get sorted out!

Good luck with this.

Elyse

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You'd want to check your state laws on bailments. Their authority to remove the car which contained personal property created a constructive bailment between the owner of the personal property and the party that repossessed it.

As bailee, the repossessor is responsible for care of the property while it is in their possession. Accordingly, they can generally charge for such care. Under the same bailment theory, you could sue them if the personal property were damaged or stolen while in their possession.

Though some states may only allow such a charge for "hired bailments" rather than "constructive bailments"

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I had a case that was some what the same except it was in North Carolina. The repo company cannot charge her to get her personal property back. My case repo company tried to charge me $45 for my pp so, I called the shrieff dept to come out to repo facility...this accomplished two things 1)documented that official law enforment came out. 2)They refused to give me the property even with LE there. The shreiff said he could not force them to give property back and that I had to go to small claims court. I then got in touch with creditor that had car repoed to make them aware of situation, their response was that it was between the repo guy and me(which is not true because courts have found that creditors are responsible for the actions of repo companies they hire). I went and file a stolen property report at police dept and proceeded to file small claims court against creditor and repo company for thr recovery of personal property. The judge waived the creditors defiency claim because of the improper repo(which includes with holding personal property), they also had to pay me $2000 for loss of use of the personal property and ordered the return of pp immediately. Your friend could possibly get her car back for this behavior is she acts fast before sell. The UCC has strict rules about repo before resell,during resell, and after resell. Pay special attention to the notification procedures, if not proper this is another waiver for defiency. Also, ask for accounting of vehicle account if they refused to reply within 14 days, that's $500 for each refusal. I have some more info if you would like anyway keep me informed on what happens. I hope info was some help.

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