Legal Question in Consumer Law in Florida

Car Ilegal Repossession

I bought a car last October. The used car dealer talked me into giving him two checks to hold for my down payment. I paid one of the checks and paid $600 of the other which was $1500 with the agreement from him that I should make my car payments first and pay him the balance of the $1500 as I can. In the mean time, he turned my check over to 2 different collections agencies. I spoke with him last week that I would be paying his balance in two weeks. He agreed. Last night he repossessed my car and is rushing to try to buy my account back from the bank to keep me from being able to take him to court. What can I do to stop that transaction


Asked on 4/23/09, 12:39 pm

1 Answer from Attorneys
Raymond LaBella LaBella Law, P.L.

Re: Car Ilegal Repossession

Auto repossessions and loans work mighty fast, so if you are going to try and stop the transaction, the only way to pull it off is to file a Complaint and seek an Injunction. But the problem with that is getting to the judge before the car is sold at auction, which will likely happen within the next 10-14 days.

In all reality, the civil court is really more designed to award a money judgment against the defendant in order to make the plaintiff (you) whole after the damage is done. It occurs to me that you may have a claim under the Unfair and Deceptive Trade Practices Act and other state law. But, this will only provide a money judgment unless you include an emergency motion for injunction, serve the dealer, and get it heard by a judge before the car is sold.

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Answered on 4/26/09, 12:01 am


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