July 23, 2008

Featured case: unlawful seizure of van

A woman and her husband were in arrears on the lease payments for their van when it was repossessed by a bailiff company. The woman phoned LawLINE, the LSS advice phone service, to get help. She described the lease agreement as a lease-to-own arrangement with little left to be repaid. The woman used the van to transport her elderly mother (who is in a wheelchair) and to get to and from work.

After several discussions with the woman and reviewing the lease, LawLINE staff drafted an opinion letter outlining the 2/3 Rule under the Personal Property Security Act. Based on the woman's information and the lease document itself, it was likely that the van was unlawfully seized.

The woman contacted the bailiff company and explained the advice she had received from LawLINE. The van was returned to the caller the next day, and a payment plan for the remaining $839 was to be negotiated with the leasing company.

To find out more about LawLINE, go to the LSS website. Also see the FAQ page for answers to common questions recieved by staff, and the LawLINE Blog.