Determined Advocacy From a Florida Wrongful Repossession Attorney
Losing your vehicle to repossession is stressful enough. When that repossession is illegal, the financial and emotional impact can be devastating. If a creditor or repossession company took your car without proper notice, breached the peace, or ignored your rights under Florida or federal consumer protection laws, you may be entitled to compensation.
I understand how overwhelming this situation feels — missed work, disrupted family life, and the uncertainty of how you’ll get back on your feet. I am Alexander Licznerski, a Florida wrongful repossession attorney, and I dedicate my practice to holding aggressive creditors and repossession companies accountable when they cross the line.
Call 813-934-3519 today or complete our online contact form to schedule a confidential consultation and learn how I can help protect your rights.
What Constitutes an Illegal Repossession in Florida?
Not every repossession is lawful. Creditors and repossession agents must strictly follow consumer protection laws, including Florida law and the Uniform Commercial Code (UCC). A repossession becomes illegal when those rules are violated.
Common examples of wrongful repossession include:
- Repossessing your vehicle without providing required pre- or post-repossession notices
- Taking your car when your loan or lease account is current
- Repossessing the wrong vehicle or seizing property not subject to the loan
- Entering locked garages, fenced areas, or gated properties without permission
- Using deception or misrepresentation to obtain access to your vehicle
Breach of the Peace During Repossession
Even if a creditor has the right to repossess, they cannot breach the peace. A breach of the peace may include:
- Physical force or aggressive conduct
- Threats, intimidation, or harassment
- Continuing the repossession after you clearly object
- Creating a disturbance or confrontation at your home or workplace
If a breach of the peace occurs, the repossession may be unlawful — even if payments were missed.
Post-Repossession Violations
Repossession companies and lenders must also comply with strict rules after the vehicle is taken. Violations may include:
- Failing to notify you of your right to redeem the vehicle
- Selling the vehicle without proper notice
- Conducting a commercially unreasonable sale
- Improperly calculating or demanding a deficiency balance
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 circumstances, you may be able to recover damages for:
- Loss of use of your vehicle
- Emotional distress and mental anguish
- Lost wages or missed employment opportunities
- Out-of-pocket expenses (transportation, rental cars, towing fees)
- Damage to personal property inside the vehicle
- Statutory or punitive damages in certain cases
Each case is different, which is why a careful review of the facts is essential.
Why Work With Licznerski Law, PLLC?
When you hire my firm, you work directly with an attorney — not a call center. I provide personalized, hands-on representation and take the time to understand how the repossession affected your life.
Clients choose Licznerski Law, PLLC because I offer:
- Direct attorney access and clear communication
- Thorough investigation of creditors and repossession companies
- Tailored legal strategies based on your specific facts
- Relentless advocacy focused on accountability and results
My goal is simple: to protect your rights and pursue the full compensation you deserve.
Frequently Asked Questions About Wrongful Repossession in Florida
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.
How much does it cost to speak with a wrongful repossession attorney?
Consultations are confidential, and in many cases there is no upfront cost to discuss your situation. During your consultation, I will explain your options and how your case may proceed.
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.
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.