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

Q: Unlawful car repossession in my credit report.

My vehicle was involved in an unlawful repossession which I recently found out about; the creditor broke a Florida law and took my vehicle without abiding by those laws. I was allowed to pay off the debt and I got my car back that same day. Now I am wondering if paying the debt was a mistake because now the repossession is appearing on my credit report;I say mistake because when it comes to credit and debt they say to never pay off a debt if trying to clean your credit because you're accepting the fault. In my case, I did not know that the lender broke Florida laws until after I paid my car and got it back.Can I do anything to get that repossession off my credit report, since the creditor did in fact break Florida laws?

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0537/Sections/0537.012.html

^that's the page where it talks about the Florida statutes they broke...specifically (2). I also want to add that the lender is not located in Florida.

1 Lawyer Answer

A: Short answer is maybe. You need to try to convince the creditor to change or remove the entry or correct it and or the credit reporting entity.

Just FYI. Credit reporting is a history record of good and bad credit events. If the repossession was due to occur but the creditor failed to follow Florida law the history would still show bad credit event but likely should show just the bad event or lack of payment and not a repossession. However you may have a long uphill battle to get the record or credit history corrected.

Hope this helps and good luck.

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