Wisconsin Woman Alleges Nissan and Debt Collector Had Car Repossessed Illegally

A Wisconsin woman has filed a lawsuit against Nissan and Select Recovery Agents (SRA) because she alleges they illegally had her car repossessed.

Plaintiff Sandra W. says Nissan Motor Acceptance Corporation and SRA violated the Fair Debt Collection Practices Act (FDCPA) and the Wisconsin Consumer Act.

According to the debtor’s rights lawsuit, Sandra leased a car from Nissan in 2015. After three years of maintaining payments, she allegedly fell behind on her payments in 2018.

Plaintiff: Wisconsin Car Repossessed Illegally

Sandra says that around 4 a.m. on Aug. 6, 2018, she woke up and saw a representatives of SRA attempting to repossess her vehicle. She says she went outside and verbally protested the seizure of her vehicle, but SRA continued with the repossession.

According to Sandra’s lawsuit, “A breach of peace occurs when a vehicle is repossessed over the objection of the debtor.”

Sandra contends that SRA could not have legally seized the vehicle because she verbally protested, which is a breach of the peace and a violation of Wisconsin state law.

She also contends that the Wisconsin Consumer Act governs repossessions. The Act says, “In taking possession of collateral or leased goods, no merchant may do any of the following:

• Commit a breach of the peace.
• Enter a dwelling used by the customer as a residence except at the voluntary request of a customer.”

Sandra seeks to have the motor vehicle’s lien voided and to have the payments she has made towards the car returned to her, in addition to reimbursement of attorney fees and costs.

Sandra claims Nissan and SRA violated the law by harassing her because she alleges they had no right to repossess her vehicle over her protest or with the use of the police. She claims that as a result of the alleged illegal conduct, she suffered emotional distress, mental anguish and loss of property because she had her car repossessed.

Although no one from Nissan was on site, the lawsuit alleges Nissan is vicariously liable for the conduct of SRA when Sandra had her car repossessed.

According to the state of Wisconsin’s Department of Financial Institutions, the Wisconsin Consumer Act is considered the most comprehensive law of its type in the U.S. The Wisconsin Consumer Act was enacted in 1973 to regulate consumer credit transactions and debt collection.

If you have had a car repossessed or any other motor vehicle repossessed, you could be eligible to participate in this lawsuit investigation. Your rights are protected by the Fair Debt Collection Practices Act and by any state-level consumer rights laws that apply to repossessions.

The Car Repossessed Lawsuit is Case No. 18-cv-1256 in the U.S. District Court for the Eastern District of Wisconsin, Milwaukee Division.

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DISCLAIMER: Debt collection itself is not illegal. However, debt collection firms collecting on consumer debts must adhere to the FDCPA. Even though debt attorneys are investigating these companies, their debt collection practices may be legal.