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The United States Law Week

Woman Handcuffed While Car Seized May Sue Over Repossession

March 26, 2020, 1:40 PM

An Indiana woman who was handcuffed while her vehicle was repossessed stated valid Fair Debt Collection Practices Act claims against the repo and towing companies because they lacked the right to possession, the Seventh Circuit said.

A reasonable jury could find that the towing company employees couldn’t legally repossess the car because governing Indiana law allows nonjudicial repossession only when there is no breach of the peace, the U.S. Court of Appeals for the Seventh Circuit said.

When Nichole Richards defaulted on her car loan, her lender hired PAR Inc. to repossess the vehicle. PAR subcontracted with Lawrence Towing to...

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