Wrongful repossession can be a frustrating and devastating experience for consumers. However, the law provides various remedies to those who have been the victims of improper or illegal seizure of their property. The amount you can sue for in a wrongful repossession case can range from a nominal sum to substantial damages, depending on the specific circumstances of your case.
Remedies for Wrongful Repossession
Actual and Consequential Damages
Under the Uniform Commercial Code (UCC), consumers can recover all actual losses or consequential losses associated with a wrongful repossession. This means that if you incurred specific out-of-pocket expenses, such as the cost of repairing a damaged vehicle, lost wages from missing work, or other verifiable financial losses, you can seek compensation for those amounts.
Statutory Damages
The UCC also provides for certain statutory, automatic damages in cases of wrongful repossession. The most significant of these is the amount of the finance charges plus a 10% penalty assessed against the finance company. Additionally, there are statutory penalties of up to $500 for violations of the UCC’s repossession requirements.
Consumer Fraud Act Violations
In some states, such as New Jersey, wrongful repossession may also be considered a violation of the state’s consumer protection laws, such as the Consumer Fraud Act. Under these laws, consumers may be able to recover treble (triple) damages, as well as attorney’s fees and court costs.
Civil Rights Claims
If law enforcement was involved in the wrongful repossession and their actions violated the consumer’s civil rights, there may be grounds for a civil rights lawsuit, which could result in additional damages.
The specific remedies available and the amount you can recover will depend on the details of your case, the applicable state laws, and the actions of the repossession company or finance institution. It is important to consult with an experienced consumer rights attorney to understand your legal options and the potential value of your claim.