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    Dennis Atencio Complaint

    Uploaded by

    Lucas Manfredi
    1) Dennis Atencio purchased a 2019 GMC Terrain in December 2020 and financed it through Bridgecrest, who perfected their lien on the title. 2) In June 2021, a repossession company unexpectedly repossessed the vehicle for Hertz, even though Atencio had no relationship with Hertz and was current on payments to Bridgecrest. 3) Atencio is suing Hertz for civil theft and trespass to chattel, seeking damages for unlawfully repossessing the vehicle he owned and for interfering with his possession of the vehicle.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Dennis Atencio Complaint

    Uploaded by

    Lucas Manfredi
    723 views3 pages
    1) Dennis Atencio purchased a 2019 GMC Terrain in December 2020 and financed it through Bridgecrest, who perfected their lien on the title. 2) In June 2021, a repossession company unexpectedly repossessed the vehicle for Hertz, even though Atencio had no relationship with Hertz and was current on payments to Bridgecrest. 3) Atencio is suing Hertz for civil theft and trespass to chattel, seeking damages for unlawfully repossessing the vehicle he owned and for interfering with his possession of the vehicle.

    Original Description:

    Dennis Atencio v. Hertz

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    © © All Rights Reserved

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    1) Dennis Atencio purchased a 2019 GMC Terrain in December 2020 and financed it through Bridgecrest, who perfected their lien on the title. 2) In June 2021, a repossession company unexpectedly repossessed the vehicle for Hertz, even though Atencio had no relationship with Hertz and was current on payments to Bridgecrest. 3) Atencio is suing Hertz for civil theft and trespass to chattel, seeking damages for unlawfully repossessing the vehicle he owned and for interfering with his possession of the vehicle.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    723 views3 pages

    Dennis Atencio Complaint

    Uploaded by

    Lucas Manfredi
    1) Dennis Atencio purchased a 2019 GMC Terrain in December 2020 and financed it through Bridgecrest, who perfected their lien on the title. 2) In June 2021, a repossession company unexpectedly repossessed the vehicle for Hertz, even though Atencio had no relationship with Hertz and was current on payments to Bridgecrest. 3) Atencio is suing Hertz for civil theft and trespass to chattel, seeking damages for unlawfully repossessing the vehicle he owned and for interfering with his possession of the vehicle.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    Case 1:21-cv-02059-CMA-NRN Document 4 Filed 07/30/21 USDC Colorado Page 1 of 3

    District Court, Adams County, Colorado


    1100 Judicial Center Dr.
    Brighton, CO 80601 DATE FILED: July 9, 2021 8:48 AM
    _______________________________________________ FILING ID: CAF7E515A401F
    Plaintiff(s): Dennis J. Atencio CASE NUMBER: 2021CV30783

    v.

    Defendant(s): The Hertz Corporation

    COURT USE ONLY


    Attorney for Plaintiff: Case Number:
    Matthew R. Osborne #40835
    11178 Huron Street, Suite 7
    Northglenn, CO 80234
    Phone Number: (303)759-7018
    E-mail:matt@mrosbornelawpc.com Division
    Courtroom
    COMPLAINT

    1. Plaintiff Dennis J. Atencio is a resident of Adams County, CO.

    2. Defendant The Hertz Corporation is a Delaware corporation located at 8501 Williams Road,

    Estero, FL 33928.

    3. On December 18, 2020, Plaintiff purchased a 2019 GMC Terrain, VIN

    3GKALVEV0KL243167 from Carvana. Plaintiff paid $300 down, and financed over

    $22,000 with Bridgecrest for the purchase of the vehicle.

    4. In connection with the purchase, the vehicle was titled in Plaintiff’s name, and Bridgecrest

    perfected its lien on the title.

    5. Thus, as of December 18, 2020, Plaintiff was the only owner of the vehicle.

    6. Plaintiff made all payments on his loan with Bridgecrest.

    7. On June 23, 2021, Plaintiff was quite surprised when a repossession company called

    “Anytime Towing” showed up to his house to repossess his vehicle.

    EXHIBIT A
    Case 1:21-cv-02059-CMA-NRN Document 4 Filed 07/30/21 USDC Colorado Page 2 of 3

    8. Plaintiff confronted the repossession agent, and told him there must be some mistake as he

    was current on his payments to Bridgecrest. The repossession agent then showed Plaintiff

    documents with the GMC’s VIN and his license plate number on them, and said that he was

    there to repossess the car for Hertz, not Bridgecrest. Plaintiff explained that he had no

    relationship with Hertz, but the repossession agent took the vehicle anyways.

    COUNT I, CIVIL THEFT

    9. Plaintiff re-alleges and incorporates the allegations above as if fully set out herein.

    10. Defendant obtained Plaintiff’s vehicle by theft, and had no basis whatsoever to conclude that

    their rights to the property were superior to Plaintiff’s, especially when the law, C.R.S. § 4-9-

    317, expressly states that Defendant’s rights were subordinate to Plaintiffs’ rights, and

    because Defendant did not have a perfected lien on the title.

    11. At all times, Defendant intended to permanently deprive Plaintiff of the vehicle, and intended

    to sell the vehicle at an auction.

    12. Defendant’s theft caused the Plaintiff actual damages, including non-economic damages,

    such as emotional distress and inconvenience, loss of the use of the vehicle, loss of the use of

    his personal belongings inside the vehicle, and the value of the property lost.

    13. Plaintiff seeks actual damages, treble damages, together with attorney fees and costs against

    Defendant.

    COUNT II, TRESPASS TO CHATTEL

    14. Plaintiff re-alleges and incorporates the allegations above as if fully set out herein.

    15. Defendant intentionally interfered with Plaintiff’s possession of his vehicle, by repossessing

    the vehicle without legal right, and then by refusing to return the vehicle to Plaintiff upon

    demand.

    EXHIBIT A
    Case 1:21-cv-02059-CMA-NRN Document 4 Filed 07/30/21 USDC Colorado Page 3 of 3

    16. Defendant’s trespass to chattel caused the Plaintiff actual damages, including non-economic

    damages such as emotional distress and inconvenience, loss of the use of the vehicle, and the

    value of the property lost.

    WHEREFORE, Plaintiff prays for the following relief:

    a. Actual damages to be determined at trial;

    b. Treble damages to be determined at trial;

    c. Attorney Fees and costs if Plaintiff is the prevailing party at trial;

    d. For such other relief as may be proper.

    s/ Matthew R. Osborne
    11178 Huron St., Ste 7
    Northglenn, CO 80234
    (303) 759-7018
    matt@mrosbornelawpc.com

    Attorney for Plaintiff

    PLAINTIFF HEREBY DEMANDS TRIAL BY JURY

    EXHIBIT A

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