Can I sue if my car gets repossessed?

The previous blog posted explains the nature and extent of the claims under wrongful repossession. However, one of the common questions is that I know I was late on my loan, missed a few payments, and the vehicle was repossessed. The finance company contacted me and they demanded the entire company of the loan in order to obtain possession of my vehicle.
There is a basic theory under New Jersey law called good faith and fair dealings. One potential claim against the financing source under the circumstances would be that they are being commercially unreasonable under the Uniform Commercial Code. You could also assert that they are not complying with their obligation to act in good faith and deal fairly. Under New Jersey law, a lender in the context of a repossession and redemption need to be commercially reasonable. In addition, there is an obligation that they deal with a consumer or customer in good faith with regard to the contract which was in place between the parties. Both of these situations require the application of the good faith and commercially reasonable doctrines. If one were to argue that this would be an appropriate basis for liability, the damages section set forth in the prior blog pertaining to the wrongful repossession would apply.

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