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  1. #1
    Join Date
    Dec 2012
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    1

    Default Who is Responsible to Recover the Car Owner's Personal Property After Repossession

    My question involves personal property located in the State of: Texas

    ok so the repo people took my belongings out of my car, without telling me or the title loan company. they also towed the car with the emergency brake on, by he way the car is a standard, and i t messed up the tires and now the car wont even start. which company should be required to get back my belongings or re inverse me for my losses... please help

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Who is Responsible to Recover the Car Owner's Personal Property After Repossessio

    did you pay whatever it took to get your car back?


    The personal property; the party that removed it would be liable for it.

    as to the damage: whomever towed it and caused the damage would be liable,


    I don't know why it wouldn't start based on what you have said. Not knowing what kind of car it is I could only guess. Some cars have switches in them that will shut off a fuel pump or sometimes the electrical system in general if the vehicle is out of level more than a specified amount. That is so if the vehicle rolls over, the fuel pump won't keep pumping fuel. I have seen some cars (I believe it was a Cadillac) that when lifted by a tow truck, it set off the alarm and disabled the vehicle as well.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Who is Responsible to Recover the Car Owner's Personal Property After Repossessio

    It's pretty standard for a company that is prepping a car for sale to remove and inventory its contents, then store them elsewhere. If that's what you're talking about, and hoping that that somebody else will have to go to the impound lot to recover the items, sorry... it's on you.

    A repo is different from a routine towing - Texas has statutes addressing liability for damage from the towing of unauthorized vehicles from private lots, but nothing similar for repossessions. The tricky part here is establishing whether the towing company had any duty to you, subsequent to your default, given that your default gave the lender the right of possession. I don't see a clear answer on whether they would have direct liability to you, as opposed to having liability to their client (your lender) for damaging the lender's collateral. Try making a claim with the towing company or the lender, and see what they say.

    We have no way of determining if the problem starting the car is related to the tow. Consult a mechanic.

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