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Lady Themis
Lady Themis, Lawyer
Category: Legal
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Experience:  General practice experience in many areas of law
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I cosigned on a car loan last year for a friend. She had previously

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I cosigned on a car loan last year for a friend. She had previously been 60 days in arrears, was never even called about it and then caught up, but was 60 days late again and on 6/29/11 the car was repossessed. She asked to remove her license plates and the company that picked up the car told her they would return the license plates within 24 hours - that has still not happened. She received a certified letter on 6/30/11 notifying her the car would be sold on 7/14/11. I, the cosigner, have not received any notice of the arrearage from the dealer or the notice the car will be sold. So I have 2 questions - what rights does she have to get her plates back and although I know I am ultimately responsible, it seems like I should have some right to be notified by the dealer this has taken place as I probably could have just made the past due payments and now, according to the letter my friend received, the dealer is accelerating the loan and wants the full amount paid that's still due on the contract.

Thank you for your questions:


1. In Florida, the license plates continue to belong to the debtor, and the debtor has a right to possession of those plates. If the recovery agency (the repossessor) did not leave the plates for the debtor, the debtor can recover them from where the vehicle was taken. The debtors should receive notice within 5 days of where the vehicle is being held.


2. As a co-debtor, you are entitled to notice of the repossession and how it will be disposed of. If you don't receive that notice, that would be a defense to any action against you for a deficiency judgment.



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Customer: replied 5 years ago.

In what time frame is the dealer required to notify me of the repossession and sale?

Notification must be sent within a "reasonable time." Notice sent 10 days before disposition is deemed reasonable. (Florida Statutes 679.612).

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