In May 2021, California resident Evelyn Jaramillo sued the above-mentioned defendants in California state court alleging, most saliently, that TitleMax repossessed her vehicle, which she’d purchased at a lien sale, even though TitleMax had received notice of the sale. In fact, Ms. Jaramillo alleged, TitleMax unlawfully repossessed her Toyota Sequoia about seven months after she’d received a clear title to the SUV.
Ms. Jaramillo’s Case
As in many other cases, Ms. Jaramillo’s alleged wrongful-repossession ordeal began at an odd hour—around 3:00AM. Already awake and then seeing lights outside, Ms. Jaramillo’s lawsuit describes her walking outside to find a tow-truck driver, as well as a seemingly random companion of the driver, having come to tow her Sequoia. Despite her, and her husband’s demands, Ms. Jaramillo alleges, the tow-truck driver showed them no paperwork authorizing repossession of the Sequoia. Ultimately, the driver left without repossessing Ms. Jaramillo’s SUV.
However, Ms. Jaramillo alleges, TitleMax did repossess, unlawfully, her Sequoia about three months later, after she’d let a friend borrow the vehicle. As alleged, the SUV was towed from the friend’s apartment complex, and Ms. Jaramillo didn’t regain possession of the Sequoia until a month later, where she found that the battery had been disconnected and possessions damaged.
Ms. Jaramillo’s lawsuit alleges claims for negligence, violations of the Rosenthal Fair Debt Collection Practices Act (Rosenthal FDCPA), violations of the California Consumer Legal Remedies Act CLRA), violations of the California Unfair Competition Law (UCL), conversion, trespass, and theft. Ms. Jaramillo’s lawsuit seeks monetary relief, including for attorneys’ fees.
Bell Law, LLC
Case dockets reveal that unlawful vehicular repossessions are a recurring problem that often cost their victims emotional distress, lost use of their rightfully owned vehicles, wasted time, and lost or damaged possessions. If you believe that your car or other property was illegally repossessed, you should consider contacting an attorney right away. Bell Law, PC will be happy to help: you may call us at (816) 886-8206 or reach us via our online form.