Licznerski Law, PLLC recently secured a $50,000 settlement for a client in a wrongful vehicle repossession case that involved serious violations of Florida and federal law.
What Happened
Our client purchased and financed a vehicle for personal use. At the time the vehicle was taken, the client was not in default—the first payment had not yet come due. Despite this, the vehicle was repossessed from the client’s private driveway, at night, and in a covert manner, without advance notice and without following required legal procedures.
To make matters worse, the repossession occurred while the client was home. No attempt was made to notify the client, confirm the account status, or avoid a breach of the peace. Following the repossession, the client experienced significant stress, disruption, and emotional distress.
In addition to the improper repossession, the lender and related parties continued debt collection activity despite disputes about the account and despite notice that the client was represented by counsel.
The Legal Issues
The case involved multiple violations, including:
- Wrongful repossession under Florida’s Uniform Commercial Code
- Breach of the peace during a self-help repossession
- Unlawful debt collection practices under Florida law
- Violations related to nonjudicial repossession without a present right to possession
- Common-law claims such as conversion and trespass
Through aggressive litigation, targeted discovery, and enforcement of deposition obligations, it became clear that the repossession should never have occurred and that proper procedures were not followed.
The Result
After litigation pressure and discovery efforts escalated, the defendants agreed to resolve the case for $50,000, bringing the matter to a successful conclusion for our client.
Why This Matters
Repossession laws exist to protect consumers from exactly this kind of conduct. Vehicles cannot be taken simply because a company wants them back—there are strict rules that must be followed, especially when a repossession occurs at a person’s home and when the account is not in default.
This case is a reminder that financial institutions, dealerships, and repossession companies are not above the law, and that consumers have real remedies when their rights are violated.
If you believe your vehicle was wrongfully repossessed or that a lender or collection agency crossed the line, Licznerski Law, PLLC is prepared to take action.