Asked in Consumer Law, Contracts, Banking and Military Law for Florida

Q: I believe my car has been wrongfully repossessed, what should I do?

I am active duty member currently on deployment but coming home soon. Back in January my car got impounded for expired tags. I talked to the impound lot and explained the situation and they said they would hold my car till I got back from deployment. Now right when I am about to come home I found out my car had been repossessed by the bank because it was at the impound lot. I have never missed a payment and my account has been in good standing. They want me to pay a large repossession fee to get it back. Is there anything I can do?

1 Lawyer Answer

A: You are protected by the Servicemembers' Civil Relief Act, which protects military personnel from certain actions while deployed. You should contact the bank and assert the repossession was improper under the Act, especially since you were not past due and had made arrangements for you vehicle. If that does not resolve the problem ask the JAG Office is they can assist.

Thank you for your service.

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