Florida Wrongful Repossession Lawyers
If your vehicle was wrongfully repossessed in Florida, you may be entitled to $5,000 - $45,000+ in damages. Our attorneys handle FL repo cases on contingency — you pay nothing unless we win.
Florida Repossession Law Overview
Fla. Stat. § 679.6091 (UCC Secured Transactions - Possession After Default)
Tallahassee
Jacksonville, Miami, Tampa, Orlando
$5,000 - $45,000+
Comprehensive state-specific content
UCC Article 9 - No breach of peace
Key Florida Statutes & Protections
UCC Secured Transactions
Fla. Stat. § 679.6091
Establishes the secured party’s right to take possession after default. Repossession must be conducted without breach of the peace. Florida courts have broadly interpreted what constitutes a breach, including verbal confrontation and refusal to leave when asked.
Florida Consumer Collection Practices Act
Fla. Stat. § 559.55–559.785
One of the strongest state-level debt collection statutes in the country. Prohibits harassment, false representation, and unfair practices. Provides for actual damages, statutory damages, and attorney’s fees.
Florida Deceptive and Unfair Trade Practices Act
Fla. Stat. § 501.201–501.213
Prohibits unfair or deceptive acts in trade or commerce. Wrongful repossession schemes involving misrepresentations about payment status or default may trigger FDUTPA claims with potential for attorney’s fees.
Post-Repossession Notice and Sale Requirements
Fla. Stat. § 679.6111–679.6141
Requires that the debtor receive proper notice before the vehicle is sold at auction. The notice must include the time, place, and manner of sale. Failure to comply can eliminate the creditor’s right to a deficiency judgment.
Common Lenders in Florida
We have experience suing these lenders on behalf of Florida consumers:
Florida Wrongful Repossession FAQ
Does Florida require notice before repossession?
Florida does not require pre-repossession notice under the UCC. However, the loan agreement may contain provisions requiring notice of default and a right to cure. Additionally, the Florida Consumer Collection Practices Act may impose requirements depending on the circumstances.
What constitutes breach of the peace for repossession in Florida?
Florida courts have found breach of the peace when repo agents enter a closed garage, use threats or physical force, repossess despite the debtor’s verbal objection, or cause a disturbance. Even raising one’s voice or refusing to leave the property can constitute a breach.
Can I recover damages for wrongful repossession in Florida?
Yes. Under the Florida Consumer Collection Practices Act and the FDCPA, you may recover actual damages (including emotional distress), statutory damages up to $1,000 per violation under federal law, and attorney’s fees. In some cases, punitive damages may also be available.
How long do I have to file a wrongful repossession claim in Florida?
The statute of limitations varies by claim. FDCPA claims must be filed within one year. Florida Consumer Collection Practices Act claims generally have a two-year statute of limitations. State UCC claims may have a four-year or five-year window. Consult an attorney promptly.
Typical Florida Settlement Range
$5,000 - $45,000+
* Past results do not guarantee future outcomes.
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