FRESNO -- A woman claims that her car was almost wrongfully repossessed because the title company did not update its records.
Evelyn Jarmaillo filed a complaint on May 27 in Fresno Superior Court against TitleMax, MvTrac and Paramount Recovery Service for negligence, violation of the Rosenthal Fair Debt Collection Practice Act, violation of the Consumers Legal Remedies Act, violation of Business and Professions Code 17300, Conversion, Alternatively, trespass to chattel, Trespass and violation of Penal Code 496.
According to the complaint, Jaramillo purchased a 2004 Toyota Sequoia for sale by Sierra Towing via a lien sale on March 11, 2019 for $1,500, which she paid for between April 2019 and Oct 11, 2019.
On Nov. 9, 2019, a clean and lien-free title was issued to Jaramillo by the California Department of Motor Vehicles. Jaramillo alleged that about seven months later around 3:00 a.m., a tow truck with Paramount Recovery came with intent to repossess the Sequoia.
On Oct. 21, 2020, a tow truck came and towed the vehicle and Jaramillo alleges that neither TitleMax, MyTrac nor Paramount Recovery held a valid lien or legal interest in the Sequoia on the date it was taken. On Nov. 20, 2020, the Sequoia was dropped back in front of Jaramillo's house.
Jaramillo seeks general and actual damages, punitive damages, pre-judgement interest and attorney's fees and cost of suit. Jaramillo is represented by Colin S. Welsh.