My Harley was repossessed by mistake!

[Mike]

Good job on getting the win, now please update us when you get the $$. I've seen too many judgments just get ignored and a dime never changes hands,,,,,

[bakin7005]

Good thread. Sucks that you had to go through all this to get fault found.
I'm surprised the lien holder didn't have more interest in all this. Their collateral is basically worthless unless insurance co paid for repairs or totaled the bike. Seems they would be more involved in protecting their financial interest.

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[Wampuscat]

Its been 5 weeks since the court date. As expected they didn't file an appeal. I'd have hoped that being a business, they'd have ponied up with the judgement money, but that's a big ol' nope. Auto Recovery of Houston AKA Countrywide Asset and Auto Recovery of Houston, ran by Christopher Maddox in Pearland, Tx has apparently blocked my phone number. This after not returning any of the phone calls I made to them asking for payment. The next step will be a lien on their physical property.

[Anythinghunter8]

wow i feel sorry for u having to do all this, keep it up i just read all 5 pages of your trouble.

[9452772]

Might get some property out of the deal. Sucks but keep the fight going.


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[Wampuscat]

Giving up isn't in my nature.

[txhunter007]

Its been 5 weeks since the court date. As expected they didn't file an appeal. I'd have hoped that being a business, they'd have ponied up with the judgement money, but that's a big ol' nope. Auto Recovery of Houston AKA Countrywide Asset and Auto Recovery of Houston, ran by Christopher Maddox in Pearland, Tx has apparently blocked my phone number. This after not returning any of the phone calls I made to them asking for payment. The next step will be a lien on their physical property.

That dude sounds like a dirt bag. I hope you get satisfaction.

[Wampuscat]

After 2 weeks of ducking me, I found out that the repo company did file an appeal on February 7th, the last day they could file it. So now the ball gets rolling again.

It would’ve been nice and neighborly if they’d had the decency to have told me they’d filed an appeal. Giving it my due diligence, I went to the repo company office today to ask them for the money politely.

As soon as I said who I was and that I would like to speak to the owner, the office lady told me he wasn’t there. I asked her f she was sure since his BMW was parked outside. She said he didn’t drive a BMW. I said that was funny since he drove it to the court date we had in January and also had a 4x4 F-250. Then her head spun around and she demanded we leave the premises.

I told her Ok and said I wanted to leave a copy of the judgement with them. She told me she wouldn’t accept it (quite angrily). As I was leaving I placed the judgement in the counter, where she grabbed it up, crumbled it into a ball, and threw it at us. I kept on walking. WOW?!?

[Burnadell]

Stay after them!

When your judgement is final, file it at the courthouse. It will be good for 10 years,

[2050z]

Hammer them!!!!!

[Bowhuntamistad]

You need to wear a GoPro every time you interact with them.

[CRM_95]

Every vehicle loan I've had if I pay extra it takes off the next payment. Pay double this month there's no balance due the next.

Same here. I doubled up on my payments on my side by side, and then left the last $225 payment for over a year so I would still have the free 5 years worth of insurance I bought when I financed it, because when I paid it off I knew I'd have to buy my own. I'm cheap lol. But it was paid so far ahead there wasn't a payment due in those last months.. Hope you get it all squared away OP. I'd be furious!!

[oktx]

In late.

[Wampuscat]

Gonna lawyer up now. It’s been 18 days since the appeal was filed and. Still haven’t heard from th court. Not sure what hats up?

[Daniel75]

First, get a police report of your own, and demand the person that stole your bike be arrested, or to send their insurance as they left a scene if a crime involving a motor vehicle. Or hey can provide their insurance to handle the matter. They would need to have the official docs to prove Harley made the mistake, or them. If them, that is theft, there isn't a "made a mistake" clause that gets them out. Intent does, and they obviously intended to take your bike because they actually took it lol.

Then I would file on your insurance and let then fight it all out.

I'm not an attorney but I deal with these type calls daily as an officer. First off, its a civil matter, not a criminal matter. I would not take a report on this type of call, the best you would get is a service call number documenting with call notes (not an actual report) that you spoke with us about it.

Second of all, you'll pay more in attorney fees than the amount of damage you're looking to replace. Your best bet is small claims court. You can represent yourself and don't need an attorney, just bring all the documents and lots of pictures. A good friend of mine is the JP in a precinct in the county where I live and he loves these types of cases. He would find for you in a heartbeat. IMO, the tow company is on the hook, not Harley Davidson. HD made a mistake but when they contract out to the tow company, its on the tow company to take or return the vehicle in the same condition it was before the tow. When we impound a vehicle in an accident or on an arrest, if the towing company damages the vehicle, they're on the hook for repairs. Its the same situation here. You don't need the driver's name, he doesn't have deep pockets. You just need the company name, their owner is liable and they have much deeper pockets. Insurance is the last way I would go to fix the problem.

Edit: I finally read the whole post Keep at it, you'll get your money.