Repossession Laws in State of South Dakota

[]D[][]V[][]D · #1 07-14-2008, 12:58 PM

My question involves an auto loan or repossession in the State of: South Dakota

I had my vehicle taken, I had contacted the local police department. They stated my vehicle was towed due to illegal parking (which was not true). Then I assumed they had taken my car after missing 2 payments. I called around, asked if I was entitled to any property, left messages and received no response. So I was wondering, if you folks could help me.

I had a few school books, backpack, and random stuff that I would like back, they can keep the stereo system, but I want all my non-automobile related stuff back. Is it possible? Whats the time frame, as they have been ignoring me lately and just found it is up for auction as of now. Please let me know! Thanks alot.

Betty3 · #2 07-14-2008, 05:23 PM

They normally won't let you remove any items from the vehicle yourself. You can make a list of what possessions you want back & go & request they remove them from the vehicle for you. Sometimes before auctioning the vehicle off, they will remove your possessions & you have to go pick them up.

divemedic · #3 07-14-2008, 05:28 PM

Actually, that is not correct. Since the bank only has a security interest in the vehicle, there can be no legal claim against anything other than the vehicle. Every state varies, but they should give you an opportunity to get your stuff out of the vehicle.

Also, in every state of which I am aware, the person performing the repo must inform the police of that fact. If the police state your vehicle was towed for illegal parking, ask them what it will take to get your vehicle.

lwpat · #4 07-14-2008, 05:33 PM

Was the car repoed by the bank or impounded and being sold for storage fees?

Betty3 · #5 07-14-2008, 11:30 PM

I know & read that what I posted has happened (is correct in most situations) - the person gets their possessions back but they usually won't let him/her get the items out of the vehicle him/her self & the person has to go get them.

OP - please answer lwpat's question.

[]D[][]V[][]D · #6 07-15-2008, 06:09 AM

Bank Repo.

They made no contact to me, I had called after finding my car was gone. I called the reposession agency I had spoken with previously and they said they had no information on the car.

I am basically screwed out of my stuff, which was not theres and had nothing to do with them in the first place?

lwpat · #7 07-15-2008, 06:28 AM

If it has been repossed they have to give you notice, the right to cure and of the sale. This is all in Article 9 of the UCC. You can look it up in the code of laws for your state. If they do not follow the statue exactly then they are liable but you usually have to retain an attorney. You may want to send them a letter CRRR reminding them of their duties and that you want your personal items returned.