Auto repossession can be a stressful and overwhelming experience, especially if it’s done unlawfully. If your vehicle was repossessed in Florida and you believe it was wrongful, it’s important to understand your rights and how to take action. In the following paragraphs, we’ll explain the basics of wrongful auto repossession cases in Florida and how you can protect yourself.
How Loan Lawyers Can Help in Florida
If your vehicle was wrongfully repossessed in Florida, the experienced team at Loan Lawyers can help you with your claim. We specialize in wrongful repossession cases and can assist you in navigating Florida’s complex legal processes. Our team will fight to protect your rights and pursue compensation for the harm you’ve experienced.
If you believe your repossession was unlawful, don’t hesitate to contact us for a consultation. Let Loan Lawyers help you get the justice you deserve.
What Is Wrongful Repossession?
Wrongful auto repossession in Florida occurs when a lender or finance company takes back a vehicle without legal justification. Common reasons for wrongful repossession include:
- Failure to Provide Proper Notice: Florida law requires lenders to send a notice of default before repossession. If this notice wasn’t sent, the repossession may be unlawful.
- No Default on the Loan: If you’ve been making payments or caught up on overdue amounts, repossession may be wrongful if the lender did not follow the correct process.
- Breach of Peace: Repossession agents in Florida must not breach the peace. This means they cannot use force, threaten, or enter private property without permission to repossess the vehicle.
How to Determine if Your Repossession Was Wrongful in Florida
To determine whether your repossession was wrongful in Florida, consider the following:
- Review your loan agreement and payment history: Were you up to date on your payments or did the lender wrongfully claim a default?
- Confirm if the lender followed proper notice procedures: Florida law requires lenders to send a default notice and provide a reasonable period to cure the default before repossessing.
- Ensure the repossession was peaceful: In Florida, repossession agents cannot use force, threats, or enter private property without your permission.
If any of these steps were violated, the repossession may have been wrongful.
What to Do if Your Car Was Wrongfully Repossessed in Florida
If you believe your car was wrongfully repossessed in Florida, here are the steps you should take:
- Contact the Lender: Reach out to the lender or finance company to resolve the issue, especially if you believe the repossession was a mistake.
- Review Your Documents: Gather your loan agreement, payment records, and any notices you received.
- File a Complaint: If the lender is uncooperative, file a complaint with the Florida Attorney General’s Office or the Consumer Financial Protection Bureau (CFPB).
- Consult an Attorney: If you are unable to resolve the issue, consult with an attorney experienced in wrongful repossession cases in Florida.
Florida 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.
Compensation for Wrongful Repossession in Florida
If the repossession was wrongful, you may be entitled to compensation, including:
- Return of the Vehicle: If the repossession was unlawful, the lender may be required to return your car.
- Financial Compensation: You could be compensated for damages, including the value of the vehicle, any out-of-pocket expenses, and emotional distress.
- Attorney Fees: In some cases, you may be able to recover attorney fees if you win your case.
- Preventing Wrongful Repossession in Florida
To prevent wrongful repossession, follow these tips:
- Stay on Top of Payments: Keep up with your loan payments. If you’re struggling financially, communicate with your lender to discuss alternatives.
- Know Your Rights: Familiarize yourself with Florida’s repossession laws, including the requirement for proper notice and peaceful repossession.
- Reach Out to the Lender: If you anticipate missing a payment, reach out to your lender as soon as possible to prevent repossession.
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.
