Should ford be held liable for wrongful repossession

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Reference no: EM131029898

In August, Norma Wade purchased a Ford Thunderbird automobile and gave Ford Motor Credit a security interest in it to secure her payment of the $7,000 balance of the purchase price. When Wade fell behind on her monthly payments, Ford engaged the Kansas Recovery Bureau to repossess the car. On the following February 10, an employee of the Recovery Bureau located the car in Wade's driveway, unlocked the door, got in, and started it. He then noticed a discrepancy between the serial number of the car and the number listed in his papers. He shut off the engine, got out, and locked the car. When Wade appeared at the door to her house, he advised her that he had been sent by Ford to repossess the car but would not do so until he had straightened out the serial number. She said that she had been making payments, that he was not going to take the car, and that she had a gun, which she would use. He suggested that Wade contact Ford to straighten out the problem. She called Ford and advised its representative that if she caught anybody on her property again trying to take her car, she would use her gun to "leave him laying right where I saw him." Wade made several more payments, but Ford again contacted to have the car repossessed. At 2:00 AM on March 5, the employee of the Kansas Recovery Bureau successfully took the car from Wade's driveway. She said that she heard a car burning rubber, looked out of her window, and saw that her car was missing. There was no confrontation between Wade and the employee since he had safely left the area before she discovered that the car had been takes. Wade then brought a lawsuit against Ford claiming that the car had been wrongfully repossessed. She sought actual and punitive damages, plus attorney's fees. Should Ford be held liable for wrongful repossession?

Reference no: EM131029898

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