If you’re facing a repossession case in Florida, whether it involves a car, boat, or other financed property, you may feel overwhelmed and uncertain about your rights. However, Florida law provides consumers with important protections, and there are valid defenses you can raise to challenge a repossession lawsuit. This blog explores what to expect in a Florida repossession case and how to defend against one.
What is a Repossession Case?
A repossession case typically arises when a lender claims that a borrower has defaulted on a loan or lease agreement and is seeking to reclaim the financed property. In many cases, the lender may already have taken the property through self-help repossession. However, if the property cannot be located or repossessed without breaching the peace, the lender may file a court action — often referred to as a replevin or repossession lawsuit — to get a court order authorizing the recovery.
Common Types of Repossession Cases
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Auto Loan Repossession
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Boat and RV Repossession
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Equipment Financing Disputes
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Retail Installment Contract Repossession
Florida Repossession Laws at a Glance
Under Florida Statutes Chapter 679 and 78, secured creditors have the right to repossess property if a borrower defaults. However, the law imposes specific procedures and conditions:
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No Breach of the Peace: Creditors cannot use force, threats, or enter locked premises without permission to repossess property.
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Notice Requirements: Lenders must typically provide written notice before selling the repossessed property.
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Court Action (Replevin): If the lender seeks court involvement, the borrower has the right to contest the case.
Common Defenses in Florida Repossession Cases
1. No Default Occurred
The creditor must prove that you defaulted under the terms of the contract. If payments were current or there was a miscalculation, you can raise this as a defense.
2. Breach of Peace
If the lender or their agent repossessed the property using threats, force, or without proper authorization, the repossession may be unlawful.
3. Improper Notice
Florida law and the Uniform Commercial Code (UCC) require lenders to provide certain notices — such as pre-sale and post-sale notices. Failure to comply can invalidate the repossession or reduce the creditor’s claim.
4. Defective Contract
The finance or lease agreement must be legally enforceable. If it contains unconscionable terms, or the lender cannot produce a valid copy, this could weaken their case.
5. Right to Cure
Some contracts or laws provide a borrower the opportunity to cure a default before repossession. If the creditor denied that opportunity, it may be grounds for a defense.
Responding to a Repossession Lawsuit
If you’re served with a summons and complaint for repossession, don’t ignore it. You typically have 20 calendar days in Florida to file a written response. Your answer should include:
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Admission or denial of the allegations
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Affirmative defenses
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Any counterclaims (e.g., for wrongful repossession or consumer law violations)
Counterclaims You May Be Able to Raise
In some cases, the borrower can file a counterclaim against the lender for:
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Violations of the Florida Consumer Collection Practices Act (FCCPA)
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Wrongful repossession or conversion
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Fraud or misrepresentation
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Unfair or deceptive trade practices (FDUTPA)
If successful, counterclaims can reduce or eliminate the amount owed — and sometimes entitle you to damages or attorney’s fees.
Tips for Protecting Your Rights
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Document Everything: Keep detailed records of payments, communications, and any repossession attempts.
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Request Validation: Ask the lender to validate the debt and provide a full accounting.
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Speak with an Attorney: An experienced consumer defense attorney can help you evaluate your defenses and represent you in court.
Final Thoughts
Facing a repossession case in Florida can be intimidating, but you don’t have to go through it alone. Many defenses and legal protections exist under state and federal law. With the right legal strategy, you may be able to avoid repossession, reduce your liability, or even turn the tables on an overreaching lender. If you’ve been sued or threatened with repossession, contact a Florida consumer law attorney as soon as possible to protect your rights and fight back.
Need Help With a Florida Repossession Case?
If you are facing repossession or have been sued by a lender, our office can help you defend your rights and pursue all available legal remedies. Contact us today for a free consultation.
Have you been sued for repossession? Contact Florida Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
