CONSUMER LAW
Wrongful Repossession Attorney
Breach of Peace, UCC Article 9 & Deficiency Balance Disputes
Florida law allows lenders to repossess a vehicle without a court order — but only if they do so without breaching the peace. When a repossession agent uses threats, force, or confrontation to take your vehicle, or when a lender repossesses a car you were not actually in default on, you may have significant claims for damages under Florida law and the Uniform Commercial Code.
Self-Help Repossession and the Breach of Peace Rule
Under Florida's version of UCC Article 9 (Fla. Stat. § 679.6091), a secured creditor may repossess collateral after default without judicial process — but only if the repossession can be accomplished without breaching the peace. A breach of peace occurs when: the repossession agent enters a closed garage or locked area without permission; the debtor or a family member objects to the repossession and the agent proceeds anyway; the agent uses threats, intimidation, or physical force; or the agent causes a confrontation that creates a risk of violence. If a breach of peace occurred, the repossession is wrongful regardless of whether you were actually in default.
Wrongful Repossession — No Default
A repossession is also wrongful if you were not in default at the time. Common situations include: the lender misapplied a payment; the lender failed to credit a payment made through a third party; the lender accelerated the loan without proper notice; or the account was current but the lender's records were wrong. If your vehicle was repossessed when you were not in default, you have a claim for conversion and breach of contract, and potentially FDUTPA and FCCPA violations if the lender's conduct was deceptive.
Notice Requirements After Repossession
After repossessing a vehicle, a creditor must send you a written notice before selling it. The notice must state the time and place of the sale, your right to redeem the vehicle by paying the full balance, and your right to an accounting of the surplus or deficiency. Failure to provide proper notice bars the creditor from collecting a deficiency balance — the amount still owed after the vehicle is sold.
Deficiency Balance Disputes
After a repossession sale, lenders often seek a deficiency judgment for the difference between what you owed and what the vehicle sold for at auction. You can challenge a deficiency if: the repossession was wrongful; the lender failed to send proper notice; the sale was not conducted in a commercially reasonable manner; or the sale price was unreasonably low. A successful challenge can eliminate or reduce the deficiency and may entitle you to damages.
Remedies
Remedies for wrongful repossession include: actual damages (loss of the vehicle, lost wages, transportation costs, emotional distress); statutory damages under the FCCPA if the lender used abusive collection tactics; elimination of any deficiency balance; and attorney fees in appropriate cases. In cases involving a clear breach of peace or intentional misconduct, punitive damages may also be available.
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