Legal Question in Credit and Debt Law in Florida

Unexpected Auto Repossession

A Local Credit Union ''Repo'ed'' my husbands truck at his work place today without any prior communication. There was only a bill stating we were two months late and what the late charges were. We were planning to bring this account up to date within three days. they never called to discuss this with us. What are our rights? Will we be able to get the truck back? What about the humiliation to my husband, who is honest and works hard?


Asked on 1/25/02, 1:05 am

2 Answers from Attorneys

Anthony Comparetto Comparetto Law Firm

Re: Unexpected Auto Repossession

Q. they never called to discuss this with us. What are our rights?

A. They do not have to call if you are in default on the payments.

Q. Will we be able to get the truck back?

A. Depends. You can talk with the credit union about bringing the account current plus paying their fees. Under the law they can demand the entire payment on the balance. You also have the option to file a chapter 13 to have the car returned.

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Answered on 1/25/02, 1:03 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Unexpected Auto Repossession

There seems to be nothing improper. If you need the car back, filing a ch 13 petition may help.But you would still need to bring the payments current.

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Answered on 1/26/02, 4:54 pm


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