Q: In Florida, what steps must be taken for a private Lessor to repo a vehicle from Lessee, they are in contract with?
contract for a vehicle where a family member was the holder of the vehicle's loan, the bank held the title. he was a lessor and lived in SC, where the car was licensed and registered. The Lessee lives in FL and was making loan and insurance payments to the Lessor. The contract specifically dictated that there was an amendment to be made upon renewal of the insurance and the new premium amount was to be edit. Although attempted by the Lessee on several occasions to amend the agreement the Lessor ignored until the Lessee sought legal counsel and sent a revised modification proposal. After receiving the proposal, the Lessor under the guise of need a couple days' time to process because of a vacation, in fact 2 days later claiming the Lessee was in default, had the vehicle towed from the Lessee's private property, with no notice, no further information, etc. Lessee was home and fortunately retrieved personal items out of the vehicle, despite the presence of police, nothing could be done?
A: In Florida, a lessor can repossess a car without prior notice to the lessee, provided that the repossession is conducted without breaching the peace. According to Florida law, Lessor’s right to possession of goods., a lessor has the right to take possession of the goods after a default by the lessee under the lease contract, and this can be done without judicial process if it can be done without breach of the peace. The entitlement to possession may also vary deposing on what remedies the contract provides.
A:
In Florida, vehicle repossession must follow strict legal procedures, even with a valid contract. The lessor needs to provide written notice of default and give the lessee reasonable time to cure the default before taking action. Without proper notice and documentation, removing the vehicle from private property could be considered illegal repossession or "theft by conversion."
Based on your description, the lessor's actions appear problematic on multiple fronts. First, they ignored attempts to modify the contract as specified in the original agreement. Second, they misled you about needing time to process the modification while planning to repossess the vehicle. Third, they failed to provide proper notice of default or opportunity to cure before taking the vehicle. These actions could form the basis of a legal claim against the lessor.
You should immediately document everything related to this situation, including all communication attempts, the original contract, proposed modifications, and details of the repossession incident. Contact your legal counsel right away to discuss filing an emergency injunction to prevent the lessor from selling or moving the vehicle out of state, and to potentially pursue damages for wrongful repossession. You may also want to file a police report specifically documenting the circumstances of the repossession, as this could be valuable evidence in civil proceedings.
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