Florida Car Repossession Laws
Your borrower rights under Florida repossession law — notice requirements, your right to get your car back, deficiency judgments, and what lenders cannot do.
Your Rights in Florida
Before the advertised sale date — Florida gives you the right to redeem the vehicle by paying the full outstanding loan balance plus repo costs before the sale.
Florida lenders may pursue a deficiency judgment after a commercially reasonable sale. The lender must send a written notice of deficiency claim within 60 days of the sale.
Florida's auto repossession laws are governed primarily by the UCC. If your lender did not follow commercially reasonable sale procedures, you may have a defense against a deficiency judgment. Consider consulting a consumer protection attorney if you receive a deficiency notice.
Frequently Asked Questions
Does Florida require advance notice before repossessing my car?
No. Florida does not require pre-repossession notice. Repossession can occur after any default under the loan agreement. Repo agents cannot use threats or physical force (breach of peace).
Can I get my car back after repossession in Florida?
Yes. Florida gives you the right to redeem the vehicle by paying the full outstanding loan balance plus repo costs before the sale. Deadline: Before the advertised sale date.
Can the lender sue me for the remaining balance after repossession in Florida?
Yes. Florida lenders may pursue a deficiency judgment after a commercially reasonable sale. The lender must send a written notice of deficiency claim within 60 days of the sale.
What if my car sells for more than I owe in Florida?
The surplus belongs to you. Florida law requires the lender to return any surplus proceeds to the borrower after the vehicle is sold and all amounts owed are satisfied.
What counts as a "breach of the peace" during repossession?
Breach of the peace prohibits the repo agent from: using physical force or threats, taking the vehicle from a locked or enclosed garage without consent, causing a public disturbance, or confronting you in a threatening manner. If the repo agent breaches the peace, it may make the repossession wrongful and give you legal remedies.
What should I do immediately after my car is repossessed in Florida?
First, document everything — when and where the repossession occurred, any personal property left in the vehicle. Request in writing the exact amount needed to redeem your vehicle and the date/location of the planned sale. Consider consulting a consumer protection attorney, especially if you believe the repossession was improper or if you face a deficiency judgment.