Taking Legal Precautions Bites Colorado Agency
Repossession companies don’t have the best reputation and a case recently decided by the Colorado Court of Appeals isn’t going to help change that.
In that case, Omid Shekarchian put himself in the driver’s seat of a BMW ultimate driving machine™ with help from BMW Financial Services. When Shekarchian defaulted on his loan (or lease), BMW FS hired Maxx Auto Recovery Inc. to repossess the vehicle. After the repossession, Maxx parked the vehicle in its fenced and locked storage facility.
Shekarchian paid his debt to BMW FS and went to Maxx’s to retrieve his car. After paying a storage charge of $1,000, Shekarchian was told he couldn’t have his car back until he signed a document confirming he “carefully” inspected his vehicle and found no damage, and releasing Maxx from any liability.
Shekarchian insisted on seeing his car before signing the document. However, Maxx’s on-site employee, demonstrating a notable lack of diplomatic skills, told Shekarchian he could stand there “all day” but would not see his car until he signed the form — “end of story.” Shekarchian, not wanting to confirm in writing a false fact (and exercising remarkable restraint under the circumstances), left Maxx without his car — to see his lawyer.