HOW cAN WE SUE A DEALERSHIP?

Question

A dealership has illegally repossessed my father's vehicle. Within his state, of KY, there must be a "SECURITY INTEREST NOTED ON THE TITLE BEFORE REPOSSESSION CAN TAKE PLaCE." IN other words, there must be a lien printed on the title before any type of vehicular repossession can take place.

THere was never a lien on his vehicle and there was never a lien noted on the title. Therefor the action is considered illegal within the state of KY.

I HAVE FIVE QUESTIONS (yahoo answers have never failed)

My questions are, "(1.) On what grounds can we sue on? (2.) what forms should we file to start the initial suet? (3.) What should we include within the documents (4) is there a specific web site on how to cite briefs? (5.) District court, within his state, only awards a maximum of $500. Should we take it to the district level or above?

ALL HELP IS APPRECIATED (THANKS)

Answer 1

Was the vehicle put up as collateral for a loan?

If yes, are the loan payments current?

If the loan payments are not current - then the entity who has the loan can and will repossess the collateral (the vehicle).

Regardless if the lien is noted on the title-- if the finance company can produce a promissory note showing the vehicle was put up for collateral and the payments are behind....you may have a very hard time.

If your father owes someone money on the car and you sue them, expect to be counter-sued for the loan balance.  

Answer 2

You better reread the purchase agreement. The finance company has a lien on the title until it is paid off. No payment, they repossess.

Answer 3

I did this years and years ago. Find out who  is CEO/ top man/ women etc of the dealership. Take their name and your statement to the court and file. They will bring a top dog attorney with them or settle out  of court.

Peace and Blessing