Car Repo Law

Date: Mon, 06/01/2009 - 05:14
Submitted by on Mon, 06/01/2009 - 05:14
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I live in the state of florida. My car was repoed last year. I was contacted by the company and told I owe 8,000. I had made arraingements to make payments. I had a pause because through research on the internet, I found a case in Tallahassee, Barnett Bank vs. Johnson, where they repoed their car and sold it at a dealer only auction. The judge ruled in that case that they were not given the opportunity to reclaim the car, and by selling it at a dealer only auction there was no attempt to get as much as they could for the car. This is kind of what happened to me. Can anyone tell me where I can get more info on this case.


As far as I know, Mr. Johnson was not notified about the time, place and the date of sale and the sale was made at a dealer only auction. Since it was sold at a dealer-only auction, Johnson was deprived of the right to bid and so the price at which his truck was sold did not reflect the fair market value. The court ruled that the amount at which the truck was sold would be considered the full payment towards the debt.


Submitted by SC on Mon, 06/08/2009 - 03:31

SC

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Generally they have to give you 21 days to redeem the vehicle before they can sell it.

After the 21 days, they can sell it at a private or public sale auction (specifically the law states they have to dispose of the collateral in a "commercially reasonable fashion.") This doesn't necessarily mean that you have a right to be present at the auction. Generally as long as they have 3 bids and sold the car to the highest bidder, they meet the requirements.

I'm not familiar with the case you quoted, I speak from experience. But for more information on the case, you can go to that courthouse and ask to review the case file.


Submitted by DebtCruncher on Mon, 06/08/2009 - 17:08

DebtCruncher

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i now live in alabama and my car has been repoed and i was given from the 13 to the 30 to reaquire my car.they drove through my property and my next door neighbers yard to my back yard at 3a.m. in the morning.i know i was behind and i'm trying to get it back,but is there any charges i can file from them getting my car like they did?


Submitted by on Mon, 07/27/2009 - 07:47

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Generally as long as they are not "breaking and entering" (ie they can't break a lock open). Other than that, it's legal for them to enter onto your property to take possession.

Now, if in driving across your property, they caused damage (ie tire treads and you need to replace grass), you could probably file a civil tort claim against them for reimbursement.


Submitted by DebtCruncher on Mon, 07/27/2009 - 08:46

DebtCruncher

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Speaking from a recent experience, car repoed, had 21 days to come up with balance $6800 or just let it go.
I filed chap 13 before the 21 days were up & after after few weeks I was Blessed to have my car back!

One thing though, I wasn't notified about where the car was taken for auction! They figured since i didn't contact them i wasn't trying to get the car back. But little did they know my attorney was handling everything.

So you can get your car back but you have to ACT FAST BEFORE THOSE 21 DAYS!!


Submitted by on Tue, 07/28/2009 - 13:52

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