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12/30/2018

Jed and Twila Lineberry

P.O. Box 551525

Jacksonville, Florida 32255

vs.

Chrysler Capital

C/O Consumer Credit Commissioner

2601 North Lamar Blvd.

Austin, Texas 78705-4207

Chrysler Capital

P.O. Box 961275

Fort Worth, TX 76161

Specialized Towing

7100 SW 43rd Street

Miami, Florida 33155

TWENTY DAY LETTER OF DEMAND

Facts:

On 09/29/2016 Jed Lineberry entered into a contract with Chrysler Capital in the amount of a total sale $93,348.75. The contract involved a 2017 Ram 2500 4x4 Mega Cab Laramie Vin: 3C6UR5NL6HG536263 The first payment began on 11/13/2016 in the amount of $1244.65.

Argument:

Around 11:00pm 12/12/2018 Jed Lineberry heard his alarm sounding off on his 2017 Ram. He ran outside and found several individuals in a wrecker with his Ram attached branding the name Specialized Towing. He goes in front of the Ram and stopped the individuals working for Specialized Towing. A lot of arguing was going back and forth with all the repossession individuals. Jed's wife Twila Lineberry was videotaping the incident.

1

A repossession man hired by Chrysler Capital smacked the phone away from Twila, then attacked her physically because he claimed that he did not wish to be videotaped. As Jed witnessed and heard the assault on his wife, he ran to help her. As he ran to assist her, he too was then attacked by a 400 lb. repossession man contracted by Chrysler Capital to take possession of the Ram. After Jed had gotten loose from the repossession man, he ran over to Twila who was being attacked. As he got close, the repossession man attacking Twila ran off. Her clothes were torn and pants were pulled down and finger broken and the phone broken. Before anything more happen, the police showed up.

Jed and Twila told the police that the repossession people hired by Chrysler Capital had attacked myself and his wife, and that the repossession people had breached the peace by entering into a private gated area, breaking out a back glass and damaging the tail gate of the Ram, breaking open a garage door and removing the Ram from a garage and attacking them. The police wrongfully made a mistake by not arresting the repossession people, stating that they did not see Jed nor Twila attacked. Therefore could not make an arrest. More mistake by the police, although Jed and Twila demanded that their Ram be released because of the breach of the peace in a serious degree had just happen.

The police assisted within the repossession and allowed them the repossession of the Ram.

Because of the repossession of the Ram and the repossession people assaulting Twila, she has suffered a broken finger, bodily injured in several areas, having panic attacks and Jed has suffered a serious spinal injury.

Specialized Towing has hundreds of serious complaints filed against them. Chrysler Capital committed gross negligence within their hiring of Specialized Towing and failed to properly investigate the reputation of the repossession individuals whom have a shady and shifty character, felon convictions, not all repossession people present having the bonding and licensing regulated by Department of Agriculture, thereof, placing Jed and Twila at risk for injury unnecessary. Also, the Repossession Company wrongfully broke into their gated community, as the garage where the truck was inside. They broke out the back glass, broke into the Ram and damaged the rear tail gate.

2

Chrysler Capital may not hire a repossession company and exert wrongful pressure upon the debtor to obtain repossession of their secured item. Chrysler Capital and Specialize Towing has no right to use force and enjoys no immunity. They all acts at his own peril, and exposes himself to severe potential liability, including liability for punitive damages.

Sammons v. Broward Bank

599 So. 2d 1018 FL App. 1992

Chapter 537.012 of Florida's laws on title loans

Repossession Actions:

If you can't resolve the issue, the lender may send a repo man to seize your car any time without notifying you, according to the Attorney General's office. However, a repo man can't use threats or force, enter homes and businesses without the owner's permission, nor move barriers or gates to take a car, advises the Florida Department of Law Enforcement. Any of these actions can trigger a breach of peace complaint from the borrower. However, if the repo man does seize your car, he must notify local police in two hours, FDLE's memo states

When can a creditor seize a vehicle?

Generally, your creditor has legal authority to seize your car as soon as you default on your loan. Once you are in default, your creditor may repossess your car at any time without prior notice and may come onto your property to do so. However, the creditor may not commit a “breach of the peace” by using physical force or threats of force. If this occurs, your creditor may be required to pay a penalty or compensate you for any harm done to you or your property.

Each year, over one million motor vehicles are repossessed from consumers who became delinquent in their payments to a lender who holds a purchase money security interest in the motor vehicle.

3

Section 9-503 of the Uniform Commercial Code authorizes secured lenders to seize possession of their collateral after the borrower defaults without judicial process if this can be done without breach of the peace. The Uniform Commercial Code (U.C.C.) does not define the term breach of peace.

The black letter definition of breach of peace is conduct or speech that violates the public order, disturbs the public tranquility, or has the potential to provoke violence or is likely to incite immediate public turbulence, or leads to or is likely to lead to an immediate loss of public order and tranquility. Breach of the peace further includes any violation of any law enacted to preserve peace and good order. See, e.g., Kimble v. Universal TV Rental, Inc., 417 N.E.2d 597 (Mun. Ct. 1980).

But what type of conduct meets this standard?

The Courts look to many decades of case law (much of which pre-dates the enactment of the states U.C.C.s) to determine when a lenders conduct breached the peace.

Not surprisingly, some courts have ruled that violence or threats of violence breached the peace. Threatening to use violence creates an obvious risk to the borrowers peace and safety. But, lenders may breach the peace even where there was no violence or threat of violence.

Courts usually rule that motor vehicle lenders who open garage doors in order to claim a car breached the peace. Protecting borrowers garage as the law protects the rest of their home makes sense because homeowners expect that their right of privacy and seclusion extends to all of their home and unlawful entry into their garage also creates a risk of retaliatory violence.

If the borrower becomes aware that of the repo mans intrusion and objects to the repo man being on their property, the repo man must leave or they're trespassing.

If the Court finds that the lender (or the lenders repo man) breached the peace, the lender may be liable for substantial damages including statutory damages under the U.C.C. Section 9-507, punitive damages, and tort claims. In some jurisdictions, the borrower may even have a defense to the lenders potential claims for the deficiency which often result from the sale of the collateral. In many states, the repo man may also be subject to criminal penalties.

4

Chapter 493 is the Florida law that regulates the licensure and oversight of those who provide repossession services as well as licensure and oversight of the private investigation and private security industries.

Effective July 1st, 2013, some very important changes were added to this law by the Florida Legislature. These new changes are very important to licensed recovery agents, creditors who hire the services of Florida Recovery Agents and those who service repossession assignments without proper license, including unlicensed auctions, transporters, private towers, etc.

First let us address an issue that has been a part of Chapter 493 for many years. That issue is that Chapter 493 does not differentiate between what is defined as a “voluntary” repossession and an “involuntary” repossession. In both cases a voluntary repossession or an involuntary repossession must be serviced by a Florida licensed Recovery agent or the employee of the creditor that holds the lien.

Example: A consumer, no longer able to make their car payments delivers the vehicle back to the selling dealer or calls the creditor and requests they send someone to take voluntary possession of the vehicle. According to Chapter 493 the creditor must either hire a Florida licensed Recovery Agent to take possession of the vehicle or the creditor may have one of their own employees take possession. As mentioned, this process applies to both voluntary and involuntary repossessions.

Over the years Florida licensed Recovery Agents have suffered significantly at the hands of unlicensed entities servicing repossession assignments. However, under the new changes to Chapter 493, the commitment of the current Director of the Division of Licensing and his staff unlicensed activity will now be aggressively addressed and prosecuted. The Legislative Intent in Chapter 493 is very clear that repossession activity by untrained, unlicensed persons are a threat to the welfare of the public and so those individuals and entities that service repossession assignments should be properly trained and licensed pursuant to the requirements of Chapter 493.

5

The new language in Chapter 493 that became effective on July 1st, 2013 now has some real “teeth” which provides for criminal penalties for unlicensed and illegal repossession activity. This new language is found in Chapter 493.6120 which includes the following: “Except as otherwise provided in this Chapter a person who engages in any activity for which this Chapter requires a license and who does not hold the required license commits:

1. 1. For the first violation, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

2. 2. For a second or subsequent violation, a felony of the third degree, punishable as provided in 775.082, s. 775.083, or s. 775.084, and the Department may seek the imposition of a civil penalty not to exceed $10,000.

3. 3.S. 775.084 addresses enhanced penalties for “habitual offenders.”

Section 775 applies to criminal violations rather than simply administrative violations. Following is an explanation of the criminal penalties for unlicensed and illegal.

We have filed several complaints and are waiting the results. We will find out every individual's name present during the wrongful repossession of the Ram. Each individual will be named in the upcoming suit.

Demands from Chrysler Capital:

1: Return of the Ram within 20 days of the date posted above.

2: The contract to be announced paid in full

3: The title to the Ram without lean delivered to Jed Lineberry within 20 days of the date of the letter

4: All medical bills paid

5: $100,000 in compensation to be paid to Jed and Twila each within 20 days of the date of the letter.

Or, a suite in Federal Court will be filed against you. Thereof, demanding same damages and others as they accumulate and $25,000,000.00 in punitive damages.

6

Demands for Specialized Towing:

1: Damages in the amount of $93,000.00 for the loss of the Ram

a: broken back glass: $1240.00

b: damaged Tail gate: $1450.00

c: damaged garage Door: $350.00

2: Physical damage: All medical bills paid

3: Emotional Distress and physical damages: $100,000.00 to be paid to Jed and Twila Lineberry Each.

Or, your suit will be filed against each of you in the federal law suit against Chrysler Capital for damages stated in 1, 2 and 3 and other damages as they accumulate. In addition, punitive damages in the amount of $5,000,000.00

You each have 20 days to comply with our demand. No other time will be provided unless a written agreement has been met. If you think this is a joke, nor not to be taken serious, do so at your own Peril.

Jed and Twila Lineberry

___________________________________: 12/31/2018

___________________________________: 12/31/2018

7

Product or Service Mentioned: 2017 Dodge Ram 2500 Pickup Truck.

Reason of review: Negligence.

Monetary Loss: $95000.

Preferred solution: Return of Ram and contact released.

Chrysler Capital Pros: Need to be put of business.

Chrysler Capital Cons: Anything about them.

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Anonymous
#1622179

I can't possibly read that entire complaint. Too long and boring.

Never, ever publish your personal information on an open internet forum.

You have opened your front door wide to any internet pathogen that cares to enter. Perhaps the answer to my question lies in the nearly endless post, but how do you spend $95,000.00 on a Dodge truck ?