Section 56 Common Law Remedies

• Library: Motor Vehicle 2011

In most cases of wrongful repossession, including a failure or refusal to permit the debtor to redeem the repossessed collateral, an action in conversion will lie against the secured party. Owens v. Auto. Recovery Bureau, Inc., 544 S.W.2d 26 (Mo. App. W.D. 1976); Mann v. United Mo. Bank of Kirkwood, 689 S.W.2d 830 (Mo. App. E.D. 1985). But a creditor that is sued in conversion for the value of the collateral might be entitled to counterclaim for the debt secured by the collateral to the extent of the...