Miami, FL asked in Consumer Law, Contracts, Arbitration / Mediation Law and Banking for Florida

Q: Did the lender have the right to take my car away?

My mother has a car that she's paying off. She was misinformed about her payment date so when she woke up this morning her car had been repossessed. I'm in hot water because that car is also under my name so a repo will affect both of us. Now, she paid off the balance today (the same day of the repossession) and is getting the car back yet we were told that a repo was now going to appear on our credit report, even though they only took the car for a couple of hours. This is a huge issue for me because I'm working to fix my credit. I started doing a little research and according to Florida Statute 537.012 (2) "Prior to engaging a repossession agent, the lender shall afford the debtor an opportunity to make the titled personal property available to the lender at a place, date, and time reasonably convenient to the lender and the borrower." They never informed us of anything and just took the car. How can I get the law on my side in order to not have this repo on my credit report? Thanks!

1 Lawyer Answer
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Business Law Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: Your situation is way too complex to try to answer online. You need to consult with an attorney in your area face to face.

Good luck.

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