FRESNO – A Fresno woman alleges her car was wrongfully repossessed.
Isabel Hernandez filed a complaint on Sept. 4 in the Fresno County Superior Court against Own a Car Fresno and Does 1 through 25 over alleged violation of the Rosenthal Fair Debt Collection Practices Act and Consumers Legal Remedies Act.
According to the complaint, on Aug, 18, 2017, Hernandez purchased a 2013 Hyundai Elantra through a retail installment sales contract with Own a Car Fresno. She alleges under the terms of the contract, the seller's right to rescind expired on Aug. 28, 2017, but she told the defendant she was happy with the contract and would not be signing another. She alleges she tried to pay her last down payment on Sept. 22, 2017, but the defendant refused it and her car was repossessed a few days later despite that she was current on all payments.
The plaintiff holds Own a Car Fresno responsible because the defendant allegedly refused to turn over the vehicle despite having no right to repossess the vehicle as per the contract.
The plaintiff seeks injunctive relief, attorney's fees, civil penalties, actual and punitive damages, costs, and for such and further relief as the court deem just and proper. She is represented by Frank M. Nunes of Law Offices of Frank M. Nunes Inc. in Fresno.
Fresno County Superior Court case number 18CECG03280