Many consumers assume that once a vehicle has been repossessed, there is nothing they can do. That is not always true.
Under Florida law, a lender generally has the right to repossess a vehicle after a borrower defaults on the loan. However, the repossession must be conducted lawfully. When a lender or repossession company violates the law, the consumer may have a claim for damages and, in some cases, may be entitled to recover the vehicle or obtain compensation for the harm caused.
What Is a Wrongful Repossession?
A wrongful repossession occurs when a lender or repossession company takes a vehicle in violation of the law or the terms of the loan agreement.
Examples include:
- Repossessing a vehicle when the borrower is not actually in default.
- Taking the wrong vehicle.
- Using threats, intimidation, or force during the repossession.
- Damaging property while attempting to recover the vehicle.
- Continuing with a repossession after the consumer clearly objects.
- Failing to provide required notices regarding redemption rights or the sale of the vehicle.
Breach of the Peace
One of the most common wrongful repossession claims involves a “breach of the peace.”
Florida law allows self-help repossession only if it can be accomplished without a breach of the peace. A repossession company cannot use force, threats, violence, or conduct that creates a significant risk of confrontation. Courts have recognized that a debtor’s objection can revoke consent to proceed with a self-help repossession.
Examples may include:
- Threatening the consumer.
- Displaying a weapon.
- Physically pushing or restraining someone.
- Entering a locked garage.
- Damaging vehicles or other property to gain access.
- Continuing the repossession after a direct objection by the consumer.
What Damages Can Be Recovered?
Depending on the facts of the case, a consumer may be entitled to recover:
Actual Damages
These may include:
- Loss of use of the vehicle.
- Towing and storage expenses.
- Lost wages.
- Property damage.
- Costs incurred because transportation was unavailable.
Damage to Personal Property
A repossession company may take the vehicle, but it generally has no right to keep or dispose of personal belongings left inside the vehicle. Consumers may have claims for missing or damaged personal property.
Emotional Distress and Related Damages
In cases involving aggressive conduct, threats, intimidation, or other tortious behavior, additional damages may be available depending on the circumstances and causes of action asserted.
Punitive Damages
Where the conduct is particularly reckless, intentional, or malicious, punitive damages may be available under Florida law.
Deficiency Claims Can Also Be Challenged
After repossession, lenders often sell the vehicle and attempt to collect a deficiency balance.
Consumers may have defenses if:
- The sale was not commercially reasonable.
- Required notices were not provided.
- The lender failed to comply with Article 9 of the Uniform Commercial Code.
- The repossession itself was unlawful.
An improper repossession can significantly affect a lender’s ability to collect a deficiency judgment.
Evidence That Helps Your Case
If you believe your vehicle was wrongfully repossessed, try to preserve:
- Photographs and videos.
- Witness names and contact information.
- Text messages and emails.
- Police reports.
- Tow records.
- Loan documents.
- Sale notices and deficiency letters.
The sooner evidence is gathered, the stronger the claim is likely to be.
We Help Florida Consumers Fight Back
Wrongful repossession cases often involve violations of Florida’s Uniform Commercial Code, consumer protection laws, and common-law tort claims. A lender’s right to repossess collateral is not unlimited. When repossession companies cross the line, consumers may have substantial legal remedies.
If your vehicle was repossessed and you believe the repossession was unlawful, contact Consumer Rights Orlando for a free consultation. We represent consumers throughout Florida in wrongful repossession, deficiency balance, debt collection, and consumer protection cases.