[CO] [CO] Can I sue for wrongful repossession?

Welcome and thank you for your questions. My name is Gurney, and I’m the attorney who will be assisting with your question. I’m happy to draw on my years of experience as an attorney and former prosecutor to offer some guidance. Where does this take place?

When did this happen to you?

I hear you — that’s an awful position to be in, and it makes sense you feel frustrated. Based on what you’ve described, here’s how this typically plays out under Colorado law and what steps you can take right now:

1. Notice and Right to Cure. In Colorado, lenders must usually give you written notice and a chance to cure the default before repossession (C.R.S. § 5-5-110). If they skipped proper notice, that’s a problem you can raise. Since you say they relied on phone calls you never received and failed to send email (your established method of communication), you can argue they did not give meaningful notice.
2. Repossession Requirements. Even if repossession was legal, lenders must conduct it without a “breach of the peace” (C.R.S. § 4-9-609). Sneaking in at night is common, but if they did more than that (threats, confrontation, trespass), that matters.
3. Your Personal Belongings. You have a right to reclaim your personal property. If items were stolen or missing when returned, that’s a separate claim — potentially conversion (theft) or negligence against the lender or the repo company.
4. Access to Your Records. It’s very concerning they’re refusing to give you access to your correspondence unless you hire an attorney. You have a right to your own account history and communications (C.R.S. § 4-9-210). Their refusal may violate Colorado consumer protection laws.
5. Stopping the Auction. You did the right thing by halting the sale. That keeps your legal remedies open. If the car had been sold, your options would have narrowed.

Next Steps

• Demand Letter: Send a formal letter demanding access to your correspondence, an accounting of your loan, and return/value of your missing belongings.
• Consumer Protection Angle: Their communication failures, denial of access, and mishandling of your property could support claims under Colorado’s consumer protection and repossession statutes.
• Hire an Attorney: Having counsel will force them to produce records. Many consumer attorneys in Colorado take these cases on contingency.

Sample Demand Letter (excerpt):

Dear [Lender],
I am disputing the repossession of my vehicle on [date]. I was assured communication by phone/email, yet no such notice was received. Despite my established paperless account and ongoing communications, you repossessed the car without proper notice.
Additionally, my personal property was returned missing several items… I demand a full accounting of my loan, immediate access to all correspondence and ‘secure messages’ from my account, and reimbursement or replacement for the stolen belongings. If I do not receive a response within 10 business days, I will pursue all remedies under Colorado law.

I completely understand.

Short breakdown:

• Identity Theft: Change passwords, enable 2FA, consider a credit freeze or fraud alert with Equifax/Experian/TransUnion.
• Repossession Process: If you were told repeatedly your account was “on hold” and no action would be taken, but they still repossessed, that could be improper/unlawful.
• Next Steps: Demand return of property; document everything; file complaints with the Colorado AG and CFPB; consider a claim for wrongful repossession and damages.

If they move forward saying the repossession was “rightful,” do this:

1. Keep the Hold in Place: Give the auction your BBB/CFPB case numbers; ask them to freeze the sale.
2. Demand Written Notice: They must provide written notice of the repossession and your right to redeem/reinstate.
3. Preserve Defenses: Keep records of conflicting instructions.
4. Choose Remedy: If you want the car back, demand reinstatement/payoff in writing. If you want damages, let the complaints proceed and consider a wrongful repossession claim.
5. Protect Against ID Theft: Demand they safeguard/return electronics or confirm destruction.

If finalized, the repo will almost certainly appear on your credit and stay ~7 years.

• Pay to get the car back: Often avoids reporting or shows more favorably; you can still sue afterward.
• Let them keep it: You may win later, but the credit hit likely occurs now.

If credit protection is your top priority, paying (under protest) to stop the repo and then suing gives the cleanest credit outcome. Yes, still send the written demand about your property even though you opened an investigation.

File with the Colorado Attorney General too — it adds leverage. Damages vary: actual losses (car value/fees/interest/credit harm), possible statutory damages, and occasionally emotional distress/punitive damages. Lawsuits are time-consuming; payouts can range from reimbursement to additional thousands, but it depends. Filing with the AG strengthens your position regardless.

Definitely — that should help a lot.

Your approach is sound, but in practice companies fight hard:

• You file; they respond;
• Discovery compels internal notes/recordings;
• The court weighs whether the repo was lawful and whether they acted unfairly.
• It can feel clear-cut but still be slow and contested. Your documentation plus their contradictions strengthens the case.

• If they provide the docs: Compare their logs to your timeline; highlight contradictions; compile a clean chronology. Then re-approach attorneys with stronger evidence.
• If they refuse/stall: That refusal itself is leverage with regulators/court. Some attorneys hesitate without that first recording; once you have internal notes confirming your account, interest often increases.

Not usually. Even if you pay and get the car back, the repo is typically reported (sometimes as “paid repossession”). The only way to keep it off entirely is a written agreement from the lender before you pay.

You can try yourself — be clear you’ll pay only if they agree in writing not to report. An attorney adds leverage and can spot violations that strengthen negotiations. If they stonewall you, counsel often gets them to the table faster.