Greetings. My name is Jim Turner. I am an attorney and I am the owner and operator of the Debt Relief Law Center located in Orlando, Florida. If your car was recently repossessed, I have some information that may be helpful to you.
Why was my car repossessed?
The first question to be answered is, why was your vehicle repossessed? Was it a mistake? Did they repossess the wrong car? Or was it because you were late in your car payments? If you were more than 30 days late in making your car payment, the finance company has the right to repossess your car without notice. However, they must do so without breaching the peace. If they do breach the peace in connection with the repossession, then that repossession is considered a wrongful repossession, and you may be entitled to compensation.
Was there a breach of the peace?
Some examples of breaches of the peace or as follows, bodily harm or threats thereof. Did the repo agent push you in any way, try to grab your keys or touch you in an aggressive manner? This may be considered as a breach of the peace.
Trespass. The repo agent cannot enter a restricted area. You are not required to give the repo agent access to your vehicle. If your garage or gate are locked, the repo agent cannot enter.
Damage to your vehicle or property. If your car or property were damaged in connection with the repossession, then that can be considered a breach of the peace. Did the tow truck drive over your property and dig up your lawn? That can be considered a breach of the peace.
An example of this situation involved a repossession of a vehicle that was enclosed in a gated area.
Repossession under protest. If you told the repo agent to stop what he was doing and leave your property immediately, he must then retreat and stop the repossession. If there was an unlawful act or breach of peace in connection with the repossession, you may be entitled to, among other things to get your car back, that will not cure the default and you will eventually have to deal with that problem.
What are my remedies for repossession?
Remedies for repossession. Under the Florida Uniform Commercial Code, statutory damages are calculated as follows. The finance charges and 10% of the cash price for the motor vehicle. An example would be if the total … And the cash price for the car was $20,000, then you would be entitled to statutory damages of $7,000. In addition to statutory damages, you may be entitled to recover for pain and suffering. Were you injured in connection with the repossession? Did you have to seek medical attention? Loss of use of your vehicle. Did you have to rent a car? Did you have to take Ubers? You’re entitled to compensation for that. Did you miss work or any other financial opportunity? You may be entitled to recovery.
If you have any questions about your repossession, please feel free to contact us. Thank you for listening.