A claim and delivery is a type of lawsuit filed against a customer. This lawsuit allows a dealership to obtain a court-issued document that orders a customer to turn over the vehicle to the dealership. If a customer is properly served and ignores the court order, the customer could be subject to criminal contempt charges. This can be a powerful way to get a customer to comply with a demand to return a vehicle.
In the event a traditional repossession would be either too risky or ineffective, a claim and delivery is the best way to get a vehicle back.
Our Process
Auto Advisory Legal (AAL) works with and/or employs only attorneys who are highly experienced in this area. Once your dealership retains us, we assign your matter to qualified counsel who then takes the following actions:
- A demand letter on law firm letterhead is sent to the customer
- A lawsuit is filed against the customer
- A hearing is requested to obtain a court order for the return of the vehicle
- Once obtained, the court order must be served on the customer
If the customer is served with the court order, this is often all that is required to get the vehicle back as the customer normally chooses to turn over the vehicle rather than face contempt charges. However, in the event the customer ignores the order, counsel can then seek the assistance of the sheriff’s department to obtain possession of the vehicle.
Our Fees
- $995 (The Book); plus
- $350 court filing fee; plus
- $40 court motion fee; plus
- $50 to $150 process server fee; plus
- $350 sheriff’s appearance fee (if necessary); plus
- $1,000 to $1,500 sheriff/locksmith/tow-truck/10-day storage fees (if necessary)(refundable if car not recovered); plus
- $265 per hour (only if lawsuit is contested)
All court and sheriff’s fees are subject to change at any time. Unless otherwise provided, all fees stated herein are non-refundable. AAL offers no guarantee as to the outcome of any lawsuit.
