Legal Question in Credit and Debt Law in Florida

Car Repossession

I had a lease for over a year and it was set up on direct debit from my bank account. My car got repo'd because the creditor said I have not paid in 2 months. I called the bank and they have not denied any direct debit requests, and i have documentation showing that there were sufficient funds in the account on the date the money should have been withdrawn. Is it legal for the finance company to take the car and ruin my credit due to their error


Asked on 9/13/07, 5:05 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Car Repossession

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No. If the lessor somehow messed up, you can hold them responsible. You should call an officer (president or vice-president) of the company and make your complaint known. Let them know you will take legal action if they do not return your car (if it was taken from you) and/or reinstate your lease immediately. Also demand an apology letter explaining that it was their fault in case this appears on your report at a later date. Failing such, hire an attorney to immediately take action to protect your good name and credit history.

Scott R. Jay, Esq.

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Answered on 9/13/07, 9:52 pm


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