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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 36226
Experience:  Attorney,16 years experience in consumer protection areas
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My car was repossessed in FL, I was never notified my car

Customer Question

My car was repossessed in FL, I was never notified my car was taken or that it was in possession. The towing company that has my car moved my car 45 miles away from my home. I was told this is a violation. Is this true?
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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According to the FL Attorney General, "Once your car has been repossessed, your creditor may decide to keep the car as compensation for your debt or resell it in a public or private sale. In either case, your creditor must notify you about what will happen to the car. If the creditor decides it wants to keep the car, you have the right to demand the car be sold instead. You may choose to exercise this right especially if the car is worth more than the amount owed on the loan. If the car is sold at a public auction, you must be notified of the date in advance. If sold at a private sale, you will be notified of a date after which it will be sold.

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Any resale must be conducted in a “commercially reasonable manner.” For example, a resale price which is below fair market value may be unreasonable. If this occurs, you may have a claim against the creditor for damages or a defense against a deficiency judgment. You may also be entitled to buy back the vehicle by paying the full amount owed, plus any expenses incurred by the creditor. Additionally, you may be able to reinstate your loan by paying the amount you are behind on the loan plus your creditor's expenses. "

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Florida repossession laws dictate that a lender must mail all borrowers of a repossessed vehicle a notice stating that you have the right to retrieve (redeem) your car or truck once you have satisfied all of the outstanding issues related to the vehicle repossession. The notice from the Florida repo company will inform you of when you must redeem your repossessed vehicle by before it is to be sold at auction. You may be required by the lender to pay off the entire loan amount of the repossessed vehicle before getting the car or truck back.

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They also have to mail a notice within 5 working days after the date of repossession to the last known address stating the owner has the right to come and retrieve their personal property from the towing company.

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If they didn't do this and they have a current address for you, then they have violated the law and you can file a formal complaint with the FL Attorney General online at www.myfloridalegal.com or by phone at 1-866-9-NO-SCAM. Additionally, you may file a complaint with the Federal Trade Commission online using their complaint assistant portal at www.ftc.gov/complaint. You may also wish to file a complaint with the Better Business Bureau online at www.bbb.org.

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But no, there is no rule that states that they can only tow a car a certain distance to store it..

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thanks

Barrister

Customer: replied 11 months ago.
The state attorneys office was the one who told me about it had to be within a reasonable distance no more than 5 aeronautical miles. My title has no lien holder and this supposed lien holder states I lived in the city where it is located. Either way the car is paid off, they state they repossessed it on the 18 th of May and that I have to 1575 to the towing company to get it back. The "lien holder " has released me of any debt
Customer: replied 11 months ago.
I honestly thought the car had been stolen when I got home. When I called the police it had not been reported repossessed either. When I followed up with the police today after the state attorneys office they stated they had to be notified the car had been repossessed. I bought the car cash I'm at a loss for what do.