Legal Question in Civil Litigation in Florida

My vehicle was repossessed improperly. All payments up to date. The bank's response "Oops, we're sorry and wrong." The tow company destroyed our driveway and I am waitng for them to return it to see what damage is on my $60,000 car. What legal remedies do I have.


Asked on 12/10/09, 9:40 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Breach of contract and negligence causing money damages.

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Answered on 12/15/09, 10:15 am
John DeLancett Law Offices of John DeLancett, PL.

Based upon your story, you would have a claim for wrongful conversion of property. improper trespass upon your property, and several other potential claims. Your damages would depend, obviously, upon the costs of repair, loss of use, etc. You might also have a claim for punitive damages as well. Were there any witnesses such as neighbors, business associates, etc. as this might also give rise to a claim for damages for humiliation, damage to your reputation, etc. ?

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Answered on 12/15/09, 11:03 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

you can sue them for the damage to your driveway -- even if the repossession was lawful.

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Answered on 12/15/09, 2:16 pm


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