Lost Property in Car Repo?

Question

Hello everybody.... I've already filed in small claims court in regards to this matter and wanted some advice.

To make a long story short... My uncle bought a car with cash.... Then I paid him back for the what he paid. He left the car in his name while I was driving but I had insurance in my name. I gave him 200.00 every month. He returned a bank receipt for the payment. The receipt from the bank had the balance total. (i.e. payment 1 of 30). Some even had the the balance leftover like $3,600.00. Well I fell on hard times and fell behind 2 months. The car was Repo-ed by him and he will not return the remaining items. I havent seen the car since repo. He still has the car, and probably wont sell. I wrote down a list of things I remembered and sent a itemized certified letter.

What is the process of small claims? I know for sure I will have to pay the amount I owed before repo - $400.00.

Will he have to pay cash or 30day order to return items? What should I do to prepare

Answer 1

You get nothing.

You took advantage of family. Let it go.

Answer 2

For the preparation, make sure you have all receipts, contract between you/uncle, proof of insurance, any emails/voicemails left by your uncle that may help you, proof of your current employement, and good explaination why you fell on hard times.

This will show the judge you are responsible (insurance, current job, etc.). In regards to the property left in the vehicle, what proof do you have that it was left their. Not saying your uncle would do this, but I have heard/seen plenty of times where the person indicated nothing was left in the vehicle. What ever you had left in the vehicle, make sure you find receipts for those items and if you are not able to locate the recipts, try to go where you purchased the item(s) and get something on the store's letterhead indicating the item and how much it currently cost.

Answer 3

OK gotta speak up.. people seem to be slamming top gun here (giving him thumbs down), but the fact is, he is right.. legally, the asker is owed nothing, and the person repoing the car can charge an inventory fee (i have seen as high as $500) to get his items back.. tough luck.. too bad, so sad, etc.. thats how it goes. It sucks, the uncle is an ***, but he asked a question, and it got answered.

Answer 4

You need to spell out the agreement you had and your payments. bring the receipts have as proof of payment. and i don't know what was the agreement on late payments , spell that out. . The uncle has to return your property that was in the car. Him keeping them is theft. You could work out a new repayment schedule, and start making payments again, but he can't keep your personal property.

Answer 5

You haven't heard of this unwritten law, as to not to go into any transaction with family members?
Anyway, I think that wa tacky for your uncle to do that to you. He should at least give you back your belongings.
But, coming down to the law of it, if you have in writing the agreement that was made, and unfortunate you fell on hard times, its on you.

Answer 6

Your screwed... what will most likely happen in court is that you will say, "I had this and that in the car when he took it". He will say, "I didn't see any of that in the car when I took it". That will be the end of that. It's your word against his and you are the one that is not credible considering you defaulted on your agreement to make the payments. Sorry...

Answer 7

As with any Repo company .. you can always go and get your things that belong to you back.. your uncle is violating the law by holding your things.. you can actually call the local authorities on him.. especially if you thought far enough to sue him.

Answer 8

if the car is in his name your out of luck...