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Conversion/Trespass

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Court of Appeal (Ind.) Affirms $121k Trial Verdict Against Sub-Prime Auto Lender Who Repossessed Vehicle Because GPS Was Removed; Court Warns of the Perils of “Self-Help” Repossession

by Scott J. Hyman |

In Auto Liquidation Center, Inc. v. Chaca, 2015 WL 8479305, at *3 (Ind.App.,2015), a jury returned a verdict for Jorge on all counts, awarding damages in the amount of $45,883.86 for the conversion claim and the trial court entered a final judgment for Jorge in the amount of $121,069.66, which included prejudgment interest and attorney's fees.  The customer had taken the… Read More

Auto Finance Credit Union (Cal.) Able to Sue Body Shop for Conversion for Interfering with Security Interest

by Scott J. Hyman |

In Los Angeles Federal Credit Union v. Madatyan (2012) 2012 WL 4830255, the customer purchased a 2000 Bentley, financed by his credit union.   The RISC required the customer to insure the car against collision damage and name the credit union as a loss payee.  The car was damaged.  The customer's repair shop estimated repair costs at $39,000.  The insurer paid… Read More