[Sabres Gal]

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

Car was illegally repo'd back in 2004. The car was not inspected by the police like NY state law requires. Police confirm illegal repo by their standards.

Repo agent said he was an "Investigator" and flashed a badge. Threatened husband with bodily harm, said we were committing a felony by keeping car.
Turned the car over to them to avoid trouble.

Police reports were filed against them. Detectives documented and confirmed car never inspected etc.

Collection agency calls today wants about 2 grand more than what was owed. They're adding interest. Admit they bought it for pennies on the dollar.

They want payment in full and are threatening suit.. Ex hubby is in Indiana, I am in NY. Car was repo'd in NY. Contracts were signed at car dealer in KY.

SOL in Indiana expires in... 4 mos.

Where would they sue us?

Didn't the illegal repo breach the peace and violate UCC.. making balance not due anymore?

[Mr. Knowitall]

Where would they sue us?

It's fair to guess, either in Indiana or New York. You would have to ask them.

Didn't the illegal repo breach the peace and violate UCC. making balance not due anymore?

You get a claim for non-compliance, but the rest turns on your damages. How did the dubious elements of the repo affect the conduct of the subsequent sale?

(5) If a deficiency or surplus is calculated under Section 9-615(f), the debtor or obligor has the burden of establishing that the amount of proceeds of the disposition is significantly below the range of prices that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought.

[Sabres Gal]

It's fair to guess, either in Indiana or New York. You would have to ask them.

You get a claim for non-compliance, but the rest turns on your damages. How did the dubious elements of the repo affect the conduct of the subsequent sale?

Well the damages don't really matter in the SALE.. the non compliance is the issue and they could be liable for quite a bit.

Section 9--625. Remedies for Secured Party's Failure to Comply with
Article.
(a) Judicial orders concerning noncompliance. If it is established
that a secured party is not proceeding in accordance with this article,
a court may order or restrain collection, enforcement, or disposition of
collateral on appropriate terms and conditions.
(b) Damages for noncompliance. Subject to subsections (c), (d), and
(f), a person is liable for damages in the amount of any loss caused by
a failure to comply with this article. Loss caused by a failure to
comply may include loss resulting from the debtor's inability to obtain,
or increased costs of, alternative financing.
(c) Persons entitled to recover damages; statutory damages in
consumer-goods transaction. Except as otherwise provided in Section
9--628:
(1) a person that, at the time of the failure, was a debtor, was
an obligor, or held a security interest in or other lien on
the collateral may recover damages under subsection (b) for
its loss; and
(2) if the collateral is consumer goods, a person that was a
debtor or a secondary obligor at the time a secured party
failed to comply with this part may recover for that failure
in any event an amount not less than the credit service
charge plus 10 percent of the principal amount of the
obligation or the time-price differential plus 10 percent of
the cash price.
(d) Recovery when deficiency eliminated or reduced. A debtor whose
deficiency is eliminated under Section 9--626 may recover damages for
the loss of any surplus. However, a debtor or secondary obligor whose
deficiency is eliminated or reduced under Section 9--626 may not
otherwise recover under subsection (b) for noncompliance with the
provisions of this part relating to collection, enforcement,
disposition, or acceptance.
(e) Statutory damages: noncompliance with specified provisions. In
addition to any damages recoverable under subsection (b), the debtor,
consumer obligor, or person named as a debtor in a filed record, as
applicable, may recover five hundred dollars in each case from a person
that:
(1) fails to comply with Section 9--208;
(2) fails to comply with Section 9--209;
(3) files a record that the person is not entitled to file under
Section 9--509 (a);
(4) fails to cause the secured party of record to file or send a
termination statement as required by Section 9--513 (a), (c),
or (e);
(5) fails to comply with Section 9--616 (b) (1) and whose failure
is part of a pattern, or consistent with a practice, of
noncompliance; or
(6) fails to comply with Section 9--616 (b) (2).
(f) Statutory damages: noncompliance with Section 9--210. A debtor or
consumer obligor may recover damages under subsection (b) and, in
addition, five hundred dollars in each case from a person that, without
reasonable cause, fails to comply with a request under Section 9--210. A
recipient of a request under Section 9--210 which never claimed an
interest in the collateral or obligations that are the subject of a
request under that section has a reasonable excuse for failure to comply
with the request within the meaning of this subsection.
(g) Limitation of security interest: noncompliance with Section
9--210. If a secured party fails to comply with a request regarding a

list of collateral or a statement of account under Section 9--210, the
secured party may claim a security interest only as shown in the list or
statement included in the request as against a person that is reasonably
misled by the failure.

Now correct me if I am wrong but if you illegally repo a car.. place it on a report then that damages me and affects my ability to get credit.
That is how I read it.

Either way, I doubt the collection agency who bought this is going to go through with much because they can be held liable for what the repo agent did... due to the contract being sold to them.

So we shall see
Thanks for the answer

[aaron]

That's essentially what you were told "the rest turns on your damages" - i.e., "a person is liable for damages in the amount of any loss caused by a failure to comply with this article." Hence your being asked, what are your damages? How would the manner of the repossession change the entry on your credit report?