Automobile Repossession Defense
Broward Automobile Repossession
In Florida the need for a vehicle has never been greater. Whether it is needed for work, grocery shopping or errands, the use of a vehicle in South Florida is necessity. We lack good public transportation options like other cities have. When you finance the purchase of a vehicle there are obligations created by the finance agreement (contract) as well as laws created by the State of Florida (statutory laws). For example, you must pay your monthly payment on time each month. Failing to do so can result in a default and ultimately a repossession. The finance companies also have obligations such as not being able to engage in self help or not being allowed to keep your personal property.
Unfortunately wrongful repossessions occur all to often in South Florida. Many debt collectors, finance company and repossession companies believe that they have an absolute right to repossess your vehicle regardless of the laws created to protect you. This often results in illegal and wrongful repossessions. If anyone during the act of repossessing your vehicle engages in illegal behavior it may give rise to a claim against the company. Some wrongful actions could even result in the return of your vehicle and a discharge of the debt. Some of your rights include
Return of Personal Property
Under Florida Law, when your vehicle is repossessed you have a right to retrieve any personal items that are in the vehicle. You may be charged a small fee to do so depending on the repossession company.
Breach of Peace
The repossession agent cannot use any physical force, threats of force or breaking into any locked buildings to complete a repossession. All vehicle repossessions in Florida prohibit breaching the peace. If this occurs the repossession company and/or finance company may be responsible to compensate you for any harm that occurred and pay a penalty for breaking the law.
If you have had your vehicle wrongfully repossessed in south Florida, speak to one of our repossession attorneys. Our attorneys have the skills and experience to help get your vehicle back and get you compensated. You may be entitled to money damages and we may take your case with not fee to you. Call our office at (786)529-2176 to speak with one of our Hollywood Florida attorneys.