WRONGFUL REPOSSESSION
Toyota Financial Issued a Repo Order on a Debt They Charged Off in 2018
2012 Acura TL w/Tech Package | VIN: 19UUA8F53CA023983 | Repossessed: July 2, 2026
Georgia 6-Year Statute of Limitations Expired Years Before This Vehicle Was Taken
What Happened --
Read This First
On July 2, 2026, during the Fourth of July holiday weekend, my 2012 Acura TL was taken from the public street in front of my home by Tristate Recovery, acting on a repo order from Toyota Financial Services. I was not home. I was attending the burial of my cousin - close family I grew up with, whose children spent nights in my home.
I returned from the burial to find my vehicle gone with zero warning. As of July 20, 2026, I have received zero notice - no letter, no call, nothing.
The debt Toyota acted on was charged off March 3, 2018. Georgia law gives creditors six years - that window closed in 2022-2023. Toyota Financial deliberately reopened the account in 2025 and issued a repo order in September 2025. Reopening an account does not restart the statute of limitations. This repossession was unlawful.
CRITICAL STATUTORY VIOLATION
Zero Notice Received — Georgia Law Violated
Under Georgia Code § 10-1-36, Toyota Financial Services was legally required to send written notice within 10 days of repossession — by registered mail to the buyer’s address — advising of:
- Their intent to pursue a deficiency claim
- The buyer’s right to redeem the vehicle
- The buyer’s right to demand a public sale
Vehicle Repossessed: July 2, 2026
10-Day Deadline: July 12, 2026
Notice Received: NONE — Zero. No mail. No phone call. No letter.
Current Date: July 23, 2026 — 21 days since repossession. Deadline long expired.
This is not an oversight — it is an absolute statutory violation that eliminates Toyota Financial Services’ right to pursue a deficiency judgment and exposes them to civil liability under Georgia law.
Federal and State complaints filed
Federal and State complaints filed
CFPB Complaint On Federal Record
A formal complaint has been filed with the Consumer Financial Protection Bureau (CFPB) against Toyota Motor Credit Corporation regarding this wrongful repossession. Toyota is required by federal law to respond in writing within 15 days.
Complaint Details
📋 Complaint ID: 260708-35228474
🏢 Filed Against: Toyota Motor Credit Corporation
📅 Date Filed: July 8, 2026
⏱️ Response Deadline: July 23, 2026
🌐 Verify: consumerfinance.gov
Why These Calls Are Critical Evidence
Toyota’s own agents confirmed the charge-off, the account reopening, the repo order, the sale date, and the payoff amount — all on recorded calls with agent IDs logged. This eliminates any claim that Toyota could not locate or reach the account holder.
Notice Defense Eliminated: Michael has used the same phone number since the original 2015 contract. Toyota’s own automated system called him back on July 9. Same address. Working mailbox. Toyota cannot claim inability to provide notice — their own call records prove otherwise.
Tri-State Recovery — Personal Property Notice Only, No Vehicle Sale Notice Ever Sent
A physical letter dated July 17, 2026 — 15 days after repossession and 5 days past the legal deadline — confirms Tri-State Recovery sent a personal property notice only. The letter contains zero mention of the vehicle sale, right to redeem, or right to demand a public sale, proving no required notice was ever issued under Georgia O.C.G.A. § 10-1-36. Tri-State had the correct name and address at the time of repossession.
Multiple Laws. One Victim. Zero Excuses.
This vehicle was repossessed in Georgia — but the loan originated in California and the title was never transferred to Georgia. That means Toyota Financial violated laws in two states and under federal law — simultaneously.
Vehicle Is Still California-Titled — Never Re-Titled in Georgia
California DMV still holds the active title record on this vehicle. Toyota Financial may not have the legal authority to auction a California-titled vehicle at a Georgia auction without first processing a title transfer through California’s DMV. A buyer at that auction could face serious title defects. This is a direct basis to challenge the July 27, 2026 sale and the strongest immediate argument for an emergency court injunction to stop it.
UCC Article 9
Governs the repo itself because it occurred in DeKalb County, Georgia. Requires proper post-repossession notice and a commercially reasonable, properly noticed sale process.
✗ VIOLATED: Zero written notice received. Sale notice requirements not met. No commercially reasonable sale notice delivered.
Rees-Levering Automobile Sales Finance Act
Applies because the loan originated in Folsom, CA in 2015. Requires Toyota to send a specific written Notice of Intention to Dispose of Motor Vehicle before any sale. Failure to do so eliminates their right to collect any deficiency balance.
✗ VIOLATED: No notice sent. Toyota loses ALL right to pursue any deficiency judgment under California law.
Fair Debt Collection Practices Act (FDCPA)
Applies everywhere — regardless of what state the car is titled in, registered in, or where the loan originated. Governs Tristate Recovery’s conduct. Debt collectors cannot collect on a debt past the statute of limitations.
✗ VIOLATED: Debt charged off March 2018. SOL expired ~2022–2023. Repo executed July 2, 2026 — years after expiration. Zero notice.
Rosenthal Fair Debt Collection Practices Act
Unlike the federal FDCPA which only covers third-party collectors, California’s Rosenthal Act applies directly to original creditors. Toyota Motor Credit Corporation is California-based — making Toyota Financial itself directly liable, not just Tristate.
✗ VIOLATED: Toyota Financial — as original creditor — is independently liable under California law on top of Tristate’s federal FDCPA exposure.
The Legal Stack — All Four Violated in a Single Repossession Event
Every applicable law — state and federal — was violated in a single repossession event on July 2, 2026. The vehicle remains California-titled, the debt is past the statute of limitations, and zero written notice was received under any jurisdiction. The scheduled sale date of July 27, 2026 cannot lawfully proceed.
Toyota Scheduled This Vehicle For Sale On July 27, 2026
Toyota Motor Credit Corporation has scheduled the sale of this wrongfully repossessed vehicle without sending a single piece of written notice to the owner — in direct violation of Georgia law. The owner only discovered this sale date by personally calling Toyota. As of July 9, 2026 — seven days post-repossession — zero written notice of any kind has been received.
⚠ Under Georgia law (O.C.G.A. §11-9-614), a creditor is required to provide written notice of the intended disposition of repossessed collateral before any sale. No such notice was provided. The sale of this vehicle before legal remedies are exhausted would constitute an additional violation and further irreparable harm.
Key Legal Metrics
CHARGE-OFF DATE
March 3, 2018
SOL EXPIRED
2022-2023
ACCOUNT REOPENED
2025
REPO ORDER
Sept 2025
REPO DATE
July 2, 2026
PRE-REPO NOTICE
NONE
POST-REPO NOTICE
NONE
DAILY FEES
$50-$100
STATUTORY BREACHES
Violations Identified
The unlawful taking of this vehicle on July 2, 2026, constitutes severe, documented breaches of both the Fair Debt Collection Practices Act (FDCPA) and the Official Code of Georgia Annotated (O.C.G.A.). Tristate Recovery, acting as a third-party debt collector, and Toyota Financial Services executed this repossession without legal standing, acting upon an expired debt and failing all mandatory notification requirements. The following statutes and civil protections have been directly violated.
Post-Repossession Notice — Absolute Statutory Violation
Georgia law required Toyota Motor Credit Corporation to send certified mail notice within 10 days of the July 2, 2026 repossession. The deadline was July 12, 2026. It has passed. Zero notice received.
Legal Consequence: Under Georgia law, failure to provide this mandatory certified mail notice within 10 days of repossession is an absolute statutory bar to any deficiency judgment — confirmed by the Georgia Court of Appeals. Toyota Motor Credit Corporation cannot legally pursue any remaining balance on this account.
As of July 20, 2026 — Day 18 post-repossession — zero certified mail notice received. Violation documented on federal record via CFPB Complaint #260708-35228474.
CRITICAL STATUTORY VIOLATION
Zero Notice Received — Georgia Law Violated
Under Georgia Code § 10-1-36, Toyota Financial Services was legally required to send written notice within 10 days of repossession — by registered mail to the buyer’s address — advising of:
- Their intent to pursue a deficiency claim
- The buyer’s right to redeem the vehicle
- The buyer’s right to demand a public sale
Vehicle Repossessed: July 2, 2026
10-Day Deadline: July 12, 2026
Notice Received: NONE — Zero. No mail. No phone call. No letter.
Current Date: July 23, 2026 — 21 days since repossession. Deadline long expired.
This is not an oversight — it is an absolute statutory violation that eliminates Toyota Financial Services’ right to pursue a deficiency judgment and exposes them to civil liability under Georgia law.
1. Repo after GA statute of limitations expired (O.C.G.A. 11-9-625)
2. FDCPA violations - Tristate Recovery is a third-party debt collector
3. Account reopened 2025 after SOL - does not revive the debt
4. Repo order issued September 2025 - years past SOL
5. Zero pre-repossession notice
6. Zero post-repossession notice as of July 20, 2026
7. Repo executed on holiday weekend during owner's attendance at family burial
FORENSIC TIMELINE
Case Chronology
Forensic Vault
Audio Evidence
Toyota Agent Confirms: Account Charged Off & Reopened
On record: A Toyota Financial Services agent — speaking from their own automated-greeting confirmed line — explicitly confirmed this account was charged off in 2018 and subsequently reopened in 2025, years after the Georgia statute of limitations expired. The agent promised written email follow-up within 24–48 hours. That email was never received.
⚠ This recording begins with Toyota Financial's own automated phone system greeting — establishing it as an authenticated call to Toyota's official line. No debt acknowledgment was made by the account holder during this call.
Authentication Status
Both recordings are fully authenticated and preserved in their original, unaltered form and can be downloaded. They establish verifiable proof of conduct contradicting formal notices.
EXHIBIT B: SECURITY RECORDINGS
Repossession Footage
Two camera angles. Vehicle taken from public dead-end street. No breach of peace. No notice. No consent.
CAMERA ANGLE 1 - JULY 2, 2026
CAMERA ANGLE 2 - JULY 2, 2026
EVIDENCE VAULT
Supporting Documents
NMVTIS Vehicle History Report
Pulled July 6, 2026. No GA title, no salvage, no total loss, no lien. Last odometer 28,855 mi. Last title activity March 25, 2015, California.
Original Auto Loan Contract 2015
Folsom Lake Toyota. Establishes lender as Toyota Financial / Toyota Motor Credit Corporation.
Emotional Distress Documentation
EXHIBIT C: Day of Repossession
On July 2, 2026 - the same day this vehicle was unlawfully taken - the owner was dealing with the burial of his cousin, a woman he grew up alongside. Her children spent nights in his home. His family spent nights in hers.
He looked outside while still grieving from the burial to find his vehicle gone with zero notice. This document confirms the circumstances that gave rise to documented emotional distress damages.
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CASE OWNER
Michael McPherson
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