Legal Question in Consumer Law in Florida

Re: Auto Repo

If the lender has accepted payments, then the repo of the vehicle is improper. The legal theories on this are either "accord and satisfaction," "unclean hands," or a subsequent modification of the original agreement. Any of these theories apply.

Now, the bad news. The reality of this situation is that the vehicle will be shipped to the auction site within about 48 hours of repo. The repo driver has no authority to do anything about this, so talking to him or his company is useless. The lender calls the shots. Your best bet to try and stop this process is to talk to the lender's recovery department to get them to call the repo company to stop the shipment. Otherwise, you'll be having to chase your car to Tampa or Atlanta at the auction, and the lender won't return the car to you, you have to go get it.

If the lender stops the shipment, the car will stay at the repo company and you will have to pay for the tow and storage. If the lender doesn't stop it voluntarily, then you would have to file a lawsuit to get an injunction for the return of the vehicle. With how quickly disposition happens, this is virtually impossible to get the suit filed, get in front of the judge, and get service and notice of the hearing served on the lender before shipment.

Car repos are the hardest thing to deal with because of the speed at which they happen. I hate to say it, but once the car is taken, I have even had difficulties stopping the process with a bankruptcy filing. Generally, once its taken, its gone.

You may have an action against the lender for Unfair and Deceptive Trade Practices or possibly a Consumer Collections Act violation, but that won't get your car back.

For more information about repos, you can check out our website at www.LaBellaLaw.com.