sued for balance on repo

[Sl4ck3r]

KANSAS

I'm being sued for the balance owed on a vehicle that was repossessed. My loan contract states that in the event of repossession that I'm entitled to claim my personal property including property attached to the vehicle if the bank does not have a security intrest in the property. I was told by the bank that I could not claim the property that was attached to my vehicle. I have receipt for most of the property valued at around $5,000 and would like to be paid the value of the property.

My loan contract states the following:
"Secured Party may take immediate possession of the Collateral without judicial process or noticd, other than notice required by applicable law, and may take the Collateral from Debtor's property or the proerty where the Collateral is stored, so lonog as such taking is done without entry into a dwelling and without the use of force or other breach of the peace. If personal property in which Secured Party does not have a security intrest is located in or attached to the Collateral, Secured Party may take such personal property without liability and store it for the debtor. Such personal property will be disposed of by Secured Party if it is not claimed by Debtor within 30 days after it is taken."

The items that were not recovered was stereo equipment and wheels/tires on the vehicle. I had all the factory original equipment to put back in the car. The lady at the bank refused to allow me to recover any stereo equipment including subwoofer speaker and amps that were NOT attached to the vehicle.

The vehicle has been sold with the equipment on it. I do have receipts for most of the equipment showing a monetary value.

 

[JohnMacek]

Did you attempt to regain possession of the property within 30 days of the vehicle being repossessed?
If you're being sued for the deficiency, it has most likely been well past 30 days since the vehicle was repossessed.

 

[Sl4ck3r]

yes and the woman at the bank who allowed me access to the vehicle said I could only take loose items in the car and was not allowed to take anything else.

 

[JohnMacek]

I just reread your question more closely...
Usually an auto loan contract will have a provision that considers any improvements or alterations affixed to the vehicle to be deemed part of that vehicle (like affirmative waste in real property). Even if that is not the case... The question is: Are the wheels part of the vehicle, or merely attached to the vehicle? If you had replace the engine in the vehicle, is there a security interest in the new engine, or in the old one? Short answer (and my opinion in the matter), if the items were attached to the vehicle (as the wheels and amplifier and speakers were), you don't have much (if any) standing to get them back.

If you're getting sued in the matter, you could file an answer stating that the improvements were not part of the collateral, and you want the balanced owed offset by their fair market value. I would also assert any possible defense you may have that would negate or mitigate your liability.
In CA, there are very strict procedures a creditor must adhere to in order to get a judgment on an auto deficiency, your state laws may differ. I would contact an attorney, or at least do your own research before your court date so you know what they are required to do. It's possible (even likely) that they have failed to "dot their t's and cross their i's", so you may end up getting the action dismissed. In any case, be sure to file a timely answer and appear on your court date.

 

[Sl4ck3r]

Well the subwoofer and amplifier was NOT attached to the car but rather just located in the trunk. Now the question that I'm really trying to clarify is what "attached" means. A new engine I would not consider as somthing I would get back. But, when it comes to cd players in the dash or wheels/tires that can be swapped for the original equipment that would be what I would consider attached and I should be able to claim it back. I'm really needing to contact a lawyer and see what I can find out however most lawyers want to charge a consultation fee of $100+ dollars.

as far as lawyers go what area would I look under say in the yellow pages? I don't see anything listed that specifically applies to my situation

 

[JohnMacek]

You need an attorney who practices civil litigation and who has experience in collection matters. I'm not well versed in the laws of your state, nor have i read the contract under which you are being sued for. In any case, I am not an attorney, so my advice is merely my opinion, and should be taken as such. I know there are message boards dealing with debtor's rights. Some of these have attorney referral services or links to them. I would start there. You should contact legal aid and/or try to get a free consultation with an attorney (there must be at least one attorney who offers a free consultation in your area)
Good luck