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

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.