February 26th, 2012 11:54 EST
Repo Company Sued For $5 Million Over Half A Tank Of Gas
"Victoria Jean Church-Dellinger filed a $5 million class-action suit in federal court against Ally Financial Inc. for keeping the half a tank`s worth of gas in her 2008 Pontiac G6 when it was repossessed.
`It`s the same as if you left your jacket in there and they didn`t return it to you,` Brian Parker, her Bingham Farms attorney, said in an interview. `"You can`t take someone`s coat or fuzzy dice, and you have to return the gas.`
Church-Dellinger 43, wants more than $5 million, which represents three times the fair market value of all gasoline taken from Michigan residents by the Detroit-based automotive financial services company over the last six years."
The price of gas has skyrocketed the last couple of months, but it hasn`t quite reached the price of $5 million for half a tank`s worth of gas.
This may seem like a frivolous lawsuit, but Dellinger makes a valid point. The financial company should reimburse the owners of reposessed vehicles for any gasoline still in the tank.
"When a provision of law requires when repossession takes place, the lien holder has a non-delegatable obligation not to cause a Breach of the Peace (which is synonymous with disturbing the peace) in performing the repossession or the repossession will be reversed, and the party ordering the repossession will be liable for damages (or the lienholder will be held responsible). This requirement not to breach the peace includes even if the breach is caused by the debtor objecting to the repossession or resists the repossession."
Translation: Repo thugs have to take repossession of your car without disturbing the peace. A liberal interpretation of this law means that if you put up a verbal fight, they have to back off. Americans are too passive, why do we let repo criminals take away what is rightfully ours without putting up an epic battle?
I`m a hothead, but thank goodness that there are calm and reasonable individuals who are fighting predatory financial institutions in the legal arena.
Most of us are in Dellinger`s precarious financial institution, if she wins her lawsuit it will be a victory for all of us who are harassed and ripped off by banks, mortgage companies, and other financial institutions.
If my automobile is repossessed I want everything that`s mine returned to me, that means the contents inside the glove compartment, the dirty sneakers in the trunk, the ice scraper on the floor, and the gas still in the gas tank.
Heed the advice of Public Enemy: Fight the Power!
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