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  1. #1
    Join Date
    Aug 2008
    Posts
    2

    Angry Personal Possessions in a Repo'd Car - What Are My Rights?

    My question involves a repossession in the State of: Ohio.

    I had a legal agreement with a "friend" to take over the lease payments on a vehicle. I missed one payment and last night, the car was taken out of my driveway. I have a serious problem ~ I am on five different heart medications and ALL my medicine is in that car, along with my cell phone, camera equipment, other important documents, and quite a sum of cash. Obviously, I had no idea this was going to happen and just was too tired to unload the car last night.

    This "friend" is now being VERY vindictive and absolutely refuses to give me my personal belongings. This person has said that an inventory will be made of my belongings and I should have my lawyer contact their lawyer. There is no consideration at all given to my medical condition and my need for the medicine.

    I am trying to find out what my rights are in this situation and am preparing a document to file in court (I don't have a lawyer), but I need some type of Case Law or statute in Ohio to cite to support my position. I'm not saying I don't owe the money, and I don't want the car back, I just want my property, and this person has no right to it. I'm afraid I'll never get it back.

    Thank you in advance for your time. I hope you can help me.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,079

    Default Re: Personal Possessions in a Repo'd Car - What Are My Rights?

    "Whatever method is used to dispose of a repossessed car, a creditor (generally) may not keep or sell any personal property found inside. (This does not include most improvements made to the car itself, such as the addition of a stereo player or luggage rack.) Your creditor also may be required to use reasonable care to prevent others from removing your property from the repossessed car. If you find that your creditor cannot account for valuable articles left in your car, you may wish to speak with an attorney about your right to compensation."

    http://www.clelaw.lib.oh.us/Public/M.../Reposses.html
    You may want to contact Legal Aid in your area for free or low cost legal help.
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  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Re: Personal Possessions in a Repo'd Car - What Are My Rights?

    So the lease was in your friend's name, and your friend "repo'ed" the car on his own initiative over your late payment? Do you have anything in writing?

  4. #4
    Join Date
    Aug 2008
    Posts
    2

    Default Re: Personal Possessions in a Repo'd Car - What Are My Rights?

    Yes, I have a legal contract that the "friend" had drawn up by an attorney, but the contract is IN the car, , along with a lot of other items that I need desperately. I had no notice via any document or court proceedings that the car was going to be taken.

    Is there anything in Ohio law that says how long a creditor can keep personal belongings after they repossess the car? It was taken Wednesday morning and it's now Friday. I have had no legal documents served on me telling me anything about when and/or where I can pick up my items. Can they legally keep my items indefinitely or is there a time period they have to adhere to? From what I've been able to find, Ohio law is pretty vague about this issue. I was hoping to find some kind of case law that could address this issue showing that this person is not within their legal rights in continuing to deny me access to my personal items.

    Thank you so much for your time, I really appreciate the help. I will contact legal aid and see if they can help me.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Re: Personal Possessions in a Repo'd Car - What Are My Rights?

    The general rule (nationally) is that a secured creditor has no claim to personal property and must return it. I don't see an Ohio statute that is on-point. If Legal Aid gives you an answer, please share it here.

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Personal Possessions in a Repo'd Car - What Are My Rights?

    Ohio Repossession law.
    "Whatever method is used to dispose of a repossessed car, a creditor (generally) may not keep or sell any personal property found inside. (This does not include most improvements made to the car itself, such as the addition of a stereo player or luggage rack.) Your creditor also may be required to use reasonable care to prevent others from removing your property from the repossessed car. If you find that your creditor cannot account for valuable articles left in your car, you may wish to speak with an attorney about your right to compensation."
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