Legal Question in Credit and Debt Law in Florida

Car Repo

I had a car repo'd back in 2000 and now me and my grandmother are being sued. My account is frozen what should we do?


Asked on 2/18/09, 10:43 am

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Car Repo

You need to speak to a lawyer. It's probable that you have a statute of limitations defense.

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Answered on 2/18/09, 11:27 am
Raymond LaBella LaBella Law, P.L.

Re: Car Repo

I hate to give you a lawyer's answer, but it depends. This really isn't the proper forum for discussing personal legal issues in depth, but I can give you some general things to think about.

I am assuming that the account you are talking about is a bank account. Under Florida law, a judgment creditor can garnish bank accounts under certain circumstances and with some restrictions. The problem is that the creditor will not be able to identify the limitations until after the funds have been frozen. You should be receiving a copy of the Writ along with a Claim of Exemption form from the creditor's attorneys. You may have some exemption rights that would return that money to you. If you claim an exemption, then the matter will be set for a hearing and you will need to prove your exemption claim.

Generally, I don't recommend individuals taking this type of matter on themselves (pro se), since there is a legal argument to be made before a judge. You REALLY should consult with an attorney.

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Answered on 2/18/09, 2:00 pm


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