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  1. #1
    Join Date
    May 2019
    Posts
    12

    Question Unlawful Repossession

    My question involves a consumer law issue in the State of: Florida

    Before I continue, Please, no "just pay the lien" comments. Working with lienholder on coming to an arrangement.

    That being said, My work vehicle we got a Title Loan on. (Bad Choice). We had to make rent. I own the vehicle (Contractor). It gets parked infront of my wife's car and has a work trailer connected to it. I had a repo agent attempt to move my wife's car out of the way. It was pulled in forward and it is FWD, so he would've had to drag it out to get to the collateral, which has a work trailer connected to it (Not Collateral). I told him that he was not to move my wife's car and he said he can move whatever he needs to to get the collateral.

    Is this legal? Like I said, I understand that I owe the loan. That's being worked out. Until it is, my truck is my only income so I'm trying to avoid that. I just need to know if he can legally move my wife's car and my trailer, and if he does get it, can he take the trailer?

  2. #2
    Join Date
    Oct 2016
    Posts
    3,149

    Default Re: Unlawful Repossession

    Please keep your posts about the same issue in the same thread. You know where it is you just posted to it.

  3. #3
    Join Date
    May 2019
    Posts
    12

    Default Re: Unlawful Repossession

    Different thread, different car, Different situation.

  4. #4
    Join Date
    Mar 2013
    Posts
    17,062

    Default Re: Unlawful Repossession

    Quote Quoting dgreco49
    View Post
    I told him that he was not to move my wife's car and he said he can move whatever he needs to to get the collateral.
    What happened after that? Did he leave without your truck?

    Quote Quoting dgreco49
    View Post
    I just need to know if he can legally move my wife's car and my trailer, and if he does get it, can he take the trailer?
    The bottom line here is that the repo man CAN do whatever he has the ability to do.

    Therefore he CAN move your wife's vehicle and he CAN take your truck with trailer on it and by the time you exercise any legal remedies and get the trailer back it will be empty (along with the truck) and you won't be able to prove who got your stuff.

    Unless you can get the lender to call off the repo man, you run a big risk of losing everything instead of just making the truck available for pick up, empty of all your stuff and without the trailer attached.

    If the lender won't call off the repo man, then the lender is NOT working with you so please don't be na´ve about that. Lenders want their money, not talk and they don't call off the repo man until they are paid.

    I've done a little googling and came up with some resources that may help you understand how it works. I'm not going into any analysis, you can read it all and draw your own conclusions.

    Florida statute Chapter 537 - Title loans:

    http://www.leg.state.fl.us/Statutes/...EChapter%20537

    537.012 - Repossession

    Florida statute 679.609 - Secured party's right to take possession after default:

    http://www.leg.state.fl.us/Statutes/.../0679.609.html

    Two articles about what constitutes breach of the peace:

    https://www.consumeradvocates.org/bl...-motor-vehicle

    https://www.jimersonfirm.com/blog/20...ing-liability/

  5. #5
    Join Date
    May 2019
    Posts
    12

    Default Re: Unlawful Repossession

    He did not get it. He left after I told him he was not going to hook my wife's car. From my understanding, if I tell them to leave my property before they hook to the collateral, they must.

    I also do know that personal property has to be returned and unless it's been 45 days, is still the property of the owner.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,727

    Default Re: Unlawful Repossession

    Are the vehicles spoken of here on your own property?

    If it is, you have a right to demand he leave your premises.


    do you use the truck or does it always just remain parked in your driveway? You don’t get to make such demands if the truck is accessible on property you don’t control.


    I noticed a section in what adjusterjack linked that allows the creditor to render collateral inoperable. If you use the truck for work, it would seem rendering it inoperable could prove as effective as towing it.


    you also need to understand that once he gains possession, he has the upper hand. He can demand full payment and sell the vehicle after giving you 10 days notice if you don’t pay.


    As to whether he can move your wife’s car: it isn’t so much of whether he can legally move the car. It’s whether you can prevent him from doing so at the time. if he damages it, he would be liable for those damages but if he is able to move your wife’s car when you aren’t able to object to it, if there is no damage to her car you likely have no action available to you.

  7. #7
    Join Date
    Mar 2013
    Posts
    17,062

    Default Re: Unlawful Repossession

    Quote Quoting dgreco49
    View Post
    He did not get it. He left after I told him he was not going to hook my wife's car. From my understanding, if I tell them to leave my property before they hook to the collateral, they must.
    True.

    Quote Quoting dgreco49
    View Post

    I also do know that personal property has to be returned and unless it's been 45 days, is still the property of the owner.
    If any of it's still there.

    Google Repo horror stories and you'll find that many have gone to the storage yard only to find all of their stuff gone and nobody knows nuthin.

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