Florida Attorney For Violent And Unlawful Repossessions
Last updated on October 23, 2026
A repossession agent has no right to threaten you, put hands on you, or put your safety at risk. Yet some agents and lenders treat a missed payment as permission to do exactly that. They draw weapons in driveways. They drag people with tow trucks. They force their way past someone who is saying no.
I am Alexander Licznerski, and I represent Floridians whose vehicle repossessions turned violent, threatening, or dangerous. If a repossession agent pulled a gun on you, hurt you or someone in your family, or forced a confrontation to take your vehicle, you may have claims against both the repossession company and the lender that hired them. Those claims can include personal injury claims.
Call 813-934-3519 or complete the online contact form for a confidential review of your case.
Table of Contents
The Cases I Take
My practice is selective, and consumer law is one of my areas of focus. This page is for repossessions that involved serious misconduct, not routine repossessions after missed payments. I focus on cases like these:
Weapons during a repossession. A firearm or other weapon was displayed, brandished, or used to intimidate you into giving up your vehicle. Under Florida law, licensed recovery agents generally may not carry firearms while performing a repossession.
Physical injury. You or someone else was hurt during the repossession. That includes being pushed, struck, or restrained, or being caught, dragged, or knocked down when a tow truck pulled away.
Repossession with someone inside the vehicle. The agent hooked or towed the vehicle while you, a passenger, or a child was still in it.
Force, threats, or continuing after you objected. You clearly told the agent to stop and they kept going anyway. Or they escalated the situation with threats, aggression, or physical intimidation.
Breaking into secured property. The agent cut a lock, broke a gate, or entered a closed garage or fenced area to reach the vehicle.
Misuse of police authority. Someone posed as law enforcement, or officers were used to pressure you into surrendering the vehicle without a court order.
If your situation falls into one of these categories, I want to hear from you.
Why These Cases Are Different
Florida allows lenders to repossess without going to court only if they do it without a “breach of the peace.” Violence, threats, weapons, and confrontation are the clearest breaches there are. When an agent crosses that line, the repossession becomes unlawful even if you were behind on payments.
These cases can also support claims beyond the repossession itself:
- Personal injury claims for medical bills, lost income, and pain and suffering
- Assault and battery claims against the agent who threatened or hurt you
- Federal Fair Debt Collection Practices Act claims against repossession companies that take property as part of debt collection through a breach of the peace, which can include attorney’s fees
- Florida UCC claims against the lender, which may include statutory damages for consumer vehicles
- Punitive damages in appropriate cases involving intentional or reckless conduct
In many cases, the lender can also be held responsible for what the repossession company did on its behalf. A lender cannot simply hire out a dangerous job and walk away from the consequences.
Florida Statute Of Limitations For Wrongful Repossession
Time is critical. In most Florida wrongful repossession cases, you have five years from the date of the illegal repossession to file a lawsuit seeking damages.
That said, waiting can seriously weaken your case. Evidence can be lost, records disappear, and witnesses’ memories fade. If you believe your vehicle was wrongfully repossessed, it is best to speak with an attorney as soon as possible to preserve your rights.
What Compensation May Be Available?
Depending on the facts, you may be able to recover:
- Medical expenses and future treatment costs
- Lost wages and lost earning capacity
- Pain, suffering, and emotional distress
- Loss of use of your vehicle
- Damage to your home, property, or belongings
- Statutory damages and attorney’s fees under consumer protection laws
- Punitive damages where the conduct justifies them
What To Do Right Now
Evidence in these cases disappears fast. If your repossession involved a weapon, an injury, or a confrontation:
- Get medical attention for any injury, even if it seems minor.
- Save all video. That includes doorbell cameras, security systems, phone recordings, and neighbors’ cameras. Many systems overwrite footage within days.
- Request the police report if officers responded, and write down any report or case number.
- Write down what happened while it is fresh: times, names, vehicle descriptions, tow truck company markings, and exactly what was said.
- Get witness contact information from anyone who saw it.
- Do not sign anything from the lender or repossession company before speaking with an attorney.
Some of these claims carry filing deadlines as short as one year, so do not wait.
Why Work With Licznerski Law, PLLC?
When an agent puts your safety at risk, you need an attorney who will take it seriously, not a call center that treats you like a file number. I handle every case personally. I investigate the repossession company, its licensing, and its history. I hold the lender accountable for the people it hired. My background in personal injury litigation means I can pursue both the consumer protection claims and the injury claims together.
Frequently Asked Questions About Wrongful Repossession In Florida
When your property is repossessed and the company taking it did not follow legal guidelines, it’s hard to know how to fight back. To get you started, I have answered a few questions I commonly get from clients.
How do I know if I have a valid wrongful repossession claim?
If something about the repossession felt aggressive, rushed, or improper, it is worth having your situation reviewed. An attorney can examine the timeline, notices, conduct of the repossession company, and creditor compliance to determine whether your rights were violated.
How much does a consultation cost?
Consultations are confidential, and there is no cost to have your situation reviewed.
Can a repossession agent carry a gun?
Licensed recovery agents in Florida are generally prohibited from carrying firearms while repossessing a vehicle. If an agent displayed or used a weapon during your repossession, that is serious misconduct and you should speak with an attorney promptly.
Does it matter that I was behind on my payments?
Not when it comes to violence or threats. Missing payments may give a lender the right to repossess, but it never gives anyone the right to threaten you, injure you, or force a confrontation.
I was injured trying to stop the repossession. Do I still have a case?
Possibly. If the agent continued after you objected, used force, or drove off while you were near or holding onto the vehicle, the agent may be responsible for your injuries. Every case depends on its facts, so have yours reviewed.
Who can I sue: the repo company or the lender?
Often both. The repossession company and its agent may be liable for their conduct. In many cases the lender may also be responsible for a repossession carried out on its behalf.
The police were there. Does that make the repossession legal?
Not necessarily. Officers are generally there to keep the peace, not to help repossess a vehicle. If officers pressured you to hand over the vehicle without a court order, or someone falsely claimed police authority, that may strengthen your case.
My car was repossessed peacefully, but I think the lender made mistakes. Can you help?
My practice focuses on repossessions involving weapons, injuries, and serious confrontations, so I may not be the right fit. I encourage you to consult a consumer protection attorney about your situation.
Was my car illegally repossessed if I was behind on payments?
Not necessarily — but being behind on payments does not give a creditor unlimited authority. Even if you missed payments, a repossession may still be illegal if the creditor or repossession company breached the peace, entered a locked or gated area without permission, used threats or force, or failed to provide required notices. Each situation must be evaluated based on the specific facts.
Can a repossession company take my car from my driveway?
In some situations, yes. A repossession agent may repossess a vehicle from an open driveway only if they do not breach the peace. If the agent uses intimidation, threats, physical force, or continues after you clearly object, the repossession may be unlawful — regardless of where the vehicle was parked.
What is considered a “breach of the peace” during repossession?
A breach of the peace includes conduct that creates confrontation or disturbance, such as physical force, threats, harassment, or ignoring a clear objection from the vehicle owner. Entering locked garages, fenced yards, or secured areas without consent can also qualify. If a breach of the peace occurs, the repossession may be illegal under Florida law.
Can a repossession company take my car from a locked garage or gated property?
No. Repossession agents generally cannot enter locked garages, fenced areas, or gated property without permission. Doing so is often considered an unlawful entry and may constitute wrongful repossession, even if payments were missed.
What happens if the repossession company took the wrong vehicle?
Taking the wrong vehicle is a serious violation. If your car was repossessed in error — whether due to incorrect VIN information, similar vehicle descriptions, or clerical mistakes — you may have a claim for wrongful repossession and damages resulting from the loss of use and related harm.
How long do I have to sue for wrongful repossession in Florida?
In most cases, Florida law provides five years from the date of the wrongful repossession to file a lawsuit. However, delays can hurt your case. Evidence may be lost, and important details can fade over time, so it is best to speak with an attorney as soon as possible.
What compensation can I recover in a wrongful repossession case?
Depending on the circumstances, you may be entitled to compensation for loss of use of your vehicle, emotional distress, lost wages, transportation expenses, damage to personal property, and other financial losses. In some cases, additional damages may be available under consumer protection laws.
Do I still owe money after my vehicle is repossessed?
Possibly — but only if the creditor follows the law. Creditors must provide proper notice and conduct a commercially reasonable sale of the vehicle. If they fail to do so, they may lose the right to pursue a deficiency balance or may be liable for damages.
Take Action Today
Do not let creditors get away with violating your rights. Contact Licznerski Law, PLLC, at 813-934-3519 or send me a message today to schedule your consultation and learn how I can help you seek justice for wrongful repossession.