North Port, FL asked in Consumer Law and Contracts for Florida

Q: What can i do if my car was repossessed and sold within 10 days even if i caught up on my owed amount

My vehicle was sold within 10 days of being repossessed for the amount $551 being owed i paid the 551 and a payment but was unaware the dealer already sold my vehicle as they didnt notify me i made more payments afterwards and went to pick it up and they said they sold it already i was never notifed of anything

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2 Lawyer Answers
Linda Liang
Linda Liang
  • Boca Raton, FL
  • Licensed in Florida

A: After your car is repossessed, your lender must give you written notice that the car is repossessed. The car can then be sold at a public auction or private sale. The lender must give you notice of the auction or private sale date. If they broke the law, they should cut you a deal to make you whole.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
  • Tallahassee, FL
  • Licensed in Florida

A: You just learned a very painful lesson about the importance of staying current on ALL monthly payments.

Because you did not say whether your car was new or used, or whether the dealer also extended the credit needed to purchase the car, I have to answer this question under both scenarios:

If it was a new car that you financed through the new car dealer--and if the dealer also sells used cars (most do)--it is very likely that someone at the dealership--or a friend or family member of someone who works there--stepped up and purchased you car, thereby acquiring a "like new" car for substantially less than you agreed to pay for it.

If it was a used car--and if the used car dealer financed it for you--most likely the used car was either sent out to be auctioned or was purchased by someone working at the used car lot.

In either case you have lost your car and will probably not get it back without costly litigation.

P.S. Since all cars have VIN numbers, and since (mote) sale contracts have the VIN number on them, and since the Florida DMV has a website where you can look up the VIN, you can trace the ownership chain.

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