Legal Question in Credit and Debt Law in Florida

56 days late - can they repo the car?

I made a partial payment ($300 out of $482) for November's payment due. I contacted this loan company several times in November, December, and again last week - January. In those recent conversations, I made payment arrangements that I would pay the remainder of November and full December with late fee, on Jan. 15 (next pay check). Rep stated okay, but advised calls would be received until payment was received. Today after I told the caller - again- that I will make the payment as agreed, stop calling, a manager called me, harrassed me and wanted to know where the vehicle was to take back. I inquired as to what benefit was there for me calling all these times to nofity them of my intententions and they responded none. I tried to call back to discuss and was told if I didn't make payment today by phone, they were taking the car. I couldn't until the 15th - as promised - can they take my car today or Monday?


Asked on 1/11/03, 5:02 pm

3 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: 56 days late - can they repo the car?

Yes. But see prior answers.

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Answered on 1/14/03, 10:15 pm
David Slater David P. Slater, Esq.

Re: 56 days late - can they repo the car?

If your written agreement with them so provides, yes.

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Answered on 1/11/03, 6:37 pm
George Savage George S. Savage, P.A.

Re: 56 days late - can they repo the car?

Depending on your lease agreement, Florida law allows "self-help" - which means if they find your car on the street, they can reposses it so long as it does not cause harm to the general public. However, if they are unable to find the car until after you have made the payments, then they cannot repo your car.

Best luck.

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Answered on 1/13/03, 10:09 am


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