Claimed Lawyer ProfileQ&A
- Foreclosure Defense
- Consumer Law
- Free Consultation
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- 9th Circuit
- U.S. Supreme Court
- English: Spoken, Written
- Managing Partner
- Michael D. O'Brien & Associates, P.C.
- Judicial Intern with Honorable Janene Geske (Ret.)
- Wisconsin Supreme Court
- University of Wisconsin - Madison
- J.D. (1994)
- University of Oregon
- B.S. (1991) | History & Political Science
- Consumer Bankruptcy Specialist
- American Board of Certification - abcworld.org
Websites & Blogs
1 Questions Answered
- Q. A tow truck driver attached my car and lifted it while me and one other person was in the car.
- A: The repo guy is not supposed to "breach the peace" in repossessing a car - did they know you were in it? I am not surprised that once it was hooked up they wouldn't drop it. As for your rights - you may have an action for damages against the repo company and could consider filing a small claims lawsuit with the local county court (they have easy forms to fill out and you can do so without a lawyer) or meeting with a lawyer to explore a demand. There are Oregon laws that allow for attorney fee-shifting (meaning if you win, the repo company would have to pay your attorney fees) in small disputes. As far as getting your car back (if that is what you seek) this would involve a negotiation with the party who ordered the repossession in the first place (a lender?) and they are likely under no obligation to return it to you unless you pat all the repo costs/storage fees and whatever caused the repo referral in the first place. You could force a lender to give the car back with a chapter 13 bankruptcy, but you would have to assess the cost/benefit of doing so and would have to prove insurance on the car.
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