You rely on your car for everything, from getting to work and earning a living to getting your kids to school and running errands. It is challenging and expensive to constantly rely on public transportation or ride-sharing services in Florida to get where you need to be. These are some reasons why facing an automobile repossession is such a frightening experience.
At Loan Lawyers, we understand what you are going through. We know how overwhelming it can feel to fight a car repossession, especially a wrongful repossession. Let us help you get through the process by giving you an overview of Florida repossession laws.
What Is Wrongful Repossession?
Wrongful car repossession occurs when your vehicle is repossessed, but it shouldn’t have been. If you are current on your car payments and your car gets repossessed, that’s wrongful repossession. However, repossession is a process. Creditors must follow all state and federal laws to repossess or recover a vehicle. They must let you know they intend to repossess your vehicle and allow you to offer a voluntary repossession. That’s when you should advise them that the repossession is incorrect. A lender who engages in wrongful repossession violates the law and your legal rights.
Common Wrongful Repossession Practices in Florida
Wrongful car repossession can happen for several reasons, including:
- When a consumer is current on their auto loan payments and not in default
- When a consumer has already resolved a default
- When a creditor or repossession company breaches the peace when repossessing a vehicle
Florida Car Repossession Laws
Florida law stipulates that lenders and creditors have the legal right to repossess an automobile after one missed car payment. Some creditors may allow you to get current on your loan or make different arrangements, like changing your payment due date, but they are not required to do so.
The lender must notify you about their intent to repossess and ask to meet at an agreed-upon time and place to take back ownership of the vehicle for non-payment. They can legally seize your property if you fail to respond and voluntarily forfeit the car. However, repossession companies cannot breach the peace to repossess the vehicle.
What is breaching the peace? Legally, creditors cannot use physical force, threats, or breaking in to complete a vehicle repossession. Can lenders repossess a vehicle on public property or an unsecured portion of private property? Yes. Can lenders break into a locked property area, like a garage or storage area, to retrieve the property? No.
Is an Auto Repossession Notice Required by Law?
A lender can send a repossession agent to take your car without notifying you. Many attempt to take possession without prior warning because it gives individuals in default the time and opportunity to avoid repossession or hide the vehicle in a garage or other secure location.
Florida law requires lenders to notify individuals if they have personal items in their possession after repossessing the vehicle. You typically have 45 days to recover personal items.
How Much are Repossession Fees in Florida?
Florida repossession fees vary by lender. To better understand your financial obligations in the event of a wrongful repossession, talk to an experienced attorney who can review your situation and car loan agreement.
Remedies for Wrongful Vehicle Repossession
You may have legal remedies to help you recover from a wrongful repossession, such as getting the car back or seeking compensation for court costs and attorney’s fees if you have to take the lender to court. A Fort Lauderdale foreclosure defense lawyer can review your situation and outline your options for moving forward.
Contact Our Florida Car Repossession Lawyers for Help
Repossession can be frightening, but you shouldn’t avoid the situation. Instead, meet it head-on with the help of an experienced Fort Lauderdale car repossession lawyer. At Loan Lawyers, we focus on protecting your rights, exploring your options for debt relief, and achieving the best outcome possible for financial difficulties.
