Legal Question in Credit and Debt Law in Florida

Is Layperson reposession legal
My girlfriend took out a car loan, in her name, in LA for a friend with bad credit. The friend had the payment book and paid for a year, then quit paying and moved to FL, taking the car. The LA bank turned the payment collection over to a credit company and my GF is now paying them for the loan. An ADA told my GF that it is a civil matter unless she can find her friend and establish contact with a specified time to have the car returned. My GF believes she know's where the friend is located in FL. IF we had keys for the car, would it be illegal for us to reposses the car ourselves. By reposses, I mean finding it unoccupied and taking it back to LA. If it is illegal for us to reposses the car in this manner, what other options would we have of getting the car back.

Asked on 6/10/04, 2:24 pm

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

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Re: Is Layperson reposession legal

If she is not the registered owner of the car nor has a valid security interest then no.

Answered on 6/10/04, 4:53 pm

David Slater David P. Slater, Esq.

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Re: Is Layperson reposession legal

Since she is the record owner you will need a court order.

Answered on 6/10/04, 2:28 pm

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