How and When to File a Breach of Peace Report in Florida
Car repossessions are common in Florida, and the U.S at large. When you fail to pay a car loan installment, the lender can repossess the vehicle without notice and auction it to recover costs.
The lender will notify you about how to claim the car, but this process is usually frustrating and tiresome. If you don't reclaim the car fast enough, it may end up in an auction.
Car Repossession Laws in Florida
Florida laws allow the lender to seize a vehicle when you default by missing a payment or other terms stipulated in the loan's terms and conditions. Here are key points to remember:
- The repossession must be under the applicable Florida laws. However, these laws give lenders some loopholes to manipulate where and how repossessions happen.
- The lender can repossess a vehicle from most properties when you fail to make a loan repayment within thirty days (or another granted extension) of the loan's due date.
- The laws in Florida require the lender to allow you to surrender the vehicle voluntarily at an agreed time or place.
- If you do not respond, the lender has zero obligation to issue further notice on the repossession's time, place, or date.
However, your loan agreement might indicate that the lender should notify you that you are in default and repossession is imminent.
Under Florida law, a repo agent must be state-licensed. A lender must enlist the services of a repo agent at their expense.
Licensed repo agents should not carry or use weapons of any nature during repossession. If they carry a firearm or use one to try and subdue you, this results in the agent's license revocation.
A licensed repo agent can lawfully enter your property to repossess a vehicle. In a Florida breach of the peace repossession, the agent causes injury or damage to you or your property, which is against the law.
How Do You Get Your Car Back After Repossession?
You can only get your car back after repossession in several ways:
|Pay Your Loan in Full||You can get back your vehicle if you fully pay your loan. The lenders in Florida usually resell or auction off the car. After the car sale, the lender subtracts their loan balance and repo costs; the difference is a deficiency. In Florida, the deficiency is a legal obligation you must fulfill.|
|Request Lender to Reinstate Loan||Request the lender to reinstate your car loan after paying the balance you owe and the repo agent costs such as towing and storage.|
|Loan Refinancing||Request a loan refinance from the lender and renegotiate your payment plans to more favorable ones.|
|File For Bankruptcy||You can file for bankruptcy under the United States bankruptcy laws to halt a vehicle repossession. When you file a Chapter 7 or 13 bankruptcy case, you can enjoy an automatic stay on any attempts by the lender to collect the debt or recover the vehicle.|
What Is a Breach of Peace?
Repossession laws in Florida ban repo agents from committing a breach of peace when repossessing a vehicle. A breach of the peace during repossession is when a repo agent uses threats or physical force to repossess your vehicle.
What Are the Consequences of Unpaid Repossession in Florida?
If you do not pay the deficiency in Florida, your lender has a right to file a lawsuit against you. The lawsuit requests a deficiency judgment for the owed amount and any extra fees related to the repossession and collection of the deficiency.
How To Solve a Florida Breach of the Peace Repossession
If you feel you have been a victim of wrongful car repossession, you can take some measures to rectify the issue. Repossessions are legal, and there are laws in Florida that protect you from wrongful repos. Some examples of instances of wrongful repossessions include:
- Repossessing the car without notice when your loan agreement has that provision.
- Use of physical force during the repossession process.
- Not notifying you after the repossession, explaining the reclaim process.
- Refusing to turn over personal items in the vehicle such as phones or laptops.
- Selling the car at a ridiculously low price and asking for an unreasonable deficiency.
You can do several things to resolve this issue on your own:
- Do some research on both the lender and your rights. Know when the lender oversteps their boundary and avoid overstepping yours.
- Hire a lawyer who will help follow up on the issue with the lender.
- Collect all the repossession paperwork and photos and videos of the breach of peace incident.
- Call the police and file a report. Ask any witnesses to record statements for future reference.
Following up on a Florida breach of peace issue is not easy. The repo agents are independent agents, and they have to fight hard to prevent a license revocation. Unless you have evidence of the incident, it may be hard to prove your case.
How to Tackle a Florida Breach of the Peace With DoNotPay
DoNotPay is an AI-based legal assistant that solves your issues by contacting the relevant authorities on your behalf. Dealing with lenders can frustrate you, but DoNotPay makes the process unbelievably easy and fast.
How DoNotPay Can Help With Car Repossessions
If the repossession of your car happened within the law and you had defaulted on payments, you have to pay the balance to reclaim your vehicle. If you cannot afford to make the payments, DoNotPay will help you request an easier payment plan. DoNotPay can also help you to renegotiate the balance owed.
How DoNotPay can help with car repossessions:
- Search "car repossession" on DoNotPay and select whether your car has been repossessed, or is in danger of being repossessed.
- Enter the state you financed this vehicle in and let DoNotPay walk you through your state's repossession laws to see if your car was or is being wrongfully repossessed.
- If DoNotPay can make a case for wrongful repossession, it will file a demand letter on your behalf to the lender to fight against.
And that's it. DoNotPay will make sure your issue gets sent to the right place. DoNotPay will upload confirmation documents to your task for you to view, and if the contacts need more information, they will reach out to you personally via email or mail.
Why Use DoNotPay?
DoNotPay is your revolutionary AI assistant that is:
- Easy: Technology has made it easy for you to follow up on your car repo without long queues via the click of the mouse.
- Fast: Following up in person can drain you with the slow pace of things and bureaucracy when dealing with lenders.
- Successful: You can be sure that your case has a 99.9% chance of success, and DoNotPay shall present the best case for you.
What Else Can DoNotPay Do?
DoNotPay can do more than follow up on car repossession cases. It can:
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