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Car Repossession in Florida Explained The majority that insures and protects your rights regarding this matter are described under Chapter 537.012 of the State Laws in Florida, which simply explains when a leaser has the green light to repossess an automobile. When a borrower does not provide payment in 30 days after the due date, the lender has the right under law to commence repossession at once without delivering prior notices. With only a single missed payment, this can initiate the repossession process so staying on top of your rights is imperative to ensure you know when and where you can fight back.
Repossession Process Overview
Severe Consequences: Lenders can take immediate action, often without letting the borrower know, as soon as a payment is missed. This failure to provide notice could result in a surprise repossession.
Statutory Protection: The law stipulates the repossession is only to be done in the presence of a licensed recovery agent, hence it ensures that there are some safeguards during the process.
Repossession agents may recover vehicles from public places, but are never given license to do so from private property without permission.
Rights of Borrowers
Notice Requirement: Lenders must provide the borrower with written notice of the repossession and sale of the vehicle after it is repossessed.
Personal Items Recovery: The borrowers may recover personal properties in their vehicles before they are sold.
Deficiency Balances — If the car is sold for less than the loan balance, the borrower may now be on the hook for that remaining balance (deficiency).
Options for Debtors Dealing with Repossession
Reduction: Dead on their feet officers can buy back (redeem) his or her car by paying for the loan amount, as well any expenditures price tags took place at that time of repo.
Filing for Bankruptcy: Filing for bankruptcy triggers an automatic stay, which stops repossession to give borrowers a chance to catch up with payments.
Knowing these aspects of Florida car repossession can help borrowers more effectively navigate any challenges and to be able to protect their rights.