Tarpon Springs, FL asked in Collections for Florida

Q: How long are the S.O.L for reposession of an auto? What is an example of cause of last action?

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2 Lawyer Answers
Andrew Bresalier
Andrew Bresalier
  • Plantation, FL
  • Licensed in Florida

A: SOL on secured debt does not work the same as unsecured debt. With unsecured debt, you don't pay and 4 yrs from the last payment or other action you don't owe it any more. With secured debt, the debt is collaterized by property, and the debt is generally registered with a governmental agency. So, if you do not pay, and you are successful in avoiding repo. you will never be able to transfer the vehicle.

If the vehicle has already been repoed, and you are inquiring how long you are liable for the remaining debt after the sale, it depends if a judgment has been issued. If there is no judgment, then the SOL expires in 4 yrs. If there is a judgment the SOL expires in 10 years, but can be renewed for an additional 10.

Anthony J. Pietrafesa
Anthony J. Pietrafesa
  • Consumer Law Lawyer
  • Albany , NY

A: The SOL is 4 years, per the Uniform Commercial Code measured, I would say, from the date of the sale.

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