[filespace]

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

1. Today my girlfriend was at a gas station and the repo guy and his helper blocked her in by standing behind her car and the repo guy proceeded to threaten to call the cops and have her arrested for a stolen car if she did not hand it over to him.. she said no and they had a argument yelling and screaming at each other. while the other guy had his foot on her bumper so she could not back up to leave.

2. Eventuly after having a break down she gave in. they took the car.

3. I have the title for this car which has no lein recorded agianst it. dvm confirmed this when i called today.

4. it should have a lien against it but it doesn't.....

what i think happened with this repo

breach of the peace.
she was held against her will
extortion to get the car with threats of arrest
not to mention the finance company does not have a title/lien to/on this car

im pissed and feel like sueing the repossession company and lender

what grounds do i have for a lawsuit
and what charges can i press and agianst who?

[LawResearcherMissy]

breach of the peace.

Yes.

she was held against her will

No. She was free to walk away at any time. No one held a weapon to her and made her stay there.

extortion to get the car with threats of arrest

I believe this falls under breach of peace.

not to mention the finance company does not have a title/lien to/on this car

Are you making payments on a loan for this vehicle? Did you miss any? I suspect that even if a lien has not been filed, you're still on the hook and the repo will stick.

You'll need a lawyer to sort things out in any case, but I wouldn't be too confident of winning a judgment against the repo company.