Legal Question in Credit and Debt Law in Florida
Illegal Attempted Repossession via Burglary
A repo man came to my house and knocked on the door. I realized the garage door was open (where the vehicle was), so I opened the door to the garage, told him to leave, and closed the garage door itself (auto. garage opener).
He then backed his tow truck up to the garage and used the lift to pop the safety release on the garage door and opened my garage.
I lay under the car to prevent him from leaving with it. He saidloudly to some of my onlooking neighbors that I was a ''scumbag''. He told me to get out from under the vehicle and that he would wait all night. I repeated my demand for him to leave the property and held the phone to my ear, pretending to call the police.
He approached me very angrily, called me an a-hole and a piece of sh-t. He then dropped the vehicle and drove off. He damaged the concrete lip leading to the garage as well as stained the driveway with oil.
Two neighbors saw every detail, including him prying the garage door open and called the police.
After research, I have determined that he has committed a first degree in FL and am pursuing the criminal charges. My question is: What kind of civil actions can I take? Can I sue to keep the car (lien release)? Punitive damages?
2 Answers from Attorneys
Re: Illegal Attempted Repossession via Burglary
It sounds like you may have a claim for the damages he caused as well as for the way he attempted to repossess the vehicle.
Re: Illegal Attempted Repossession via Burglary
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It sounds as if the repo guy far exceeded his bounds. There are probably criminal charges which could be sought with the police as well as civil penalties. I would speak to an attorney who is familiar with the Fair Debt Credit Practices Act which sets forth the standards that collectors must use and the rights and responsibilities of a creditor and debtor in this situation. The FDCPA sets forth penalties for violatins.
You can read about it on wikipedia at: http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act
Scott R. Jay, Esq.
Scott R. Jay, Esq.
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