Legal Question in Credit and Debt Law in Florida

I recently was sued by a finance company for a repossessed vehicle in Florida. When the car was repossessed I did not have the funds to purchase it back however I was told that I could purchase it back as they would be sending me a notice of where and when to purchase. I came up with the money to purchase the vehicle but I never received a notice. Two years later I get this summons stating that I now owe 11, 000 dollars for the vehicle. I submitted an answer to the court along with Affirmative Defenses. I checked the Florida Statutes and it states that in Florida the company has to send you the notice if the vehicle is to be sold. I never received any notice the only notice that I received was when the car was sold stating I owe 11,000 dollars. The creditor when filing the lawsuit submitted all notices that they sent to me which no notice was included except for post sale. I requested a hearing and filed a motion to dismiss. Judge denied my motion stating that creditor did not have to answer my affirmative defenses. The creditor stated that he has requested a letter so it can be shown that a letter was sent. But noting was in the court file. Judge requested that we do mediation. Do I have any recourse in this?

Asked on 4/13/16, 2:58 pm

David Slater David P. Slater, Esq.

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No. If you are confident in your defense, so advise the mediator. Have the law you refer to available.

Answered on 4/13/16, 3:01 pm

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