EnglishEspañol
LAW OFFICES OF
Charles RestrepoEsq., P.A.
954-763-3301

LAW OFFICES OF CHARLES RESTREPO · PLANTATION, FLORIDA

Auto Repossession & Deficiency Balances

Review the repossession, the notices and any balance still being claimed. Losing the vehicle does not by itself resolve every loan issue.

Review what happened and what is still claimed

A repossession can affect transportation, work and household finances. It may also leave an unpaid balance. Whether your concern is an upcoming repossession, a vehicle already taken, or a later collection demand, the loan records and notices are the starting point.

The process matters

Florida law allows a secured party to take possession after default through court proceedings or, without court proceedings, if it acts without a breach of the peace. The circumstances of the repossession deserve review; do not assume every repossession was lawful or that every dispute creates a damages claim.

Understand a claimed deficiency

After a repossessed vehicle is sold, the lender may claim a deficiency: the amount remaining after applying sale proceeds to the balance and applicable costs. A review can examine the accounting, notices, charges and sale information. The vehicle’s loss does not automatically cancel the loan, and a lender’s demand should not be accepted as accurate without checking it.

Prepare for your consultation

Gather the contract, payment history, any extension or modification, repossession and sale notices, and the claimed balance. Note when the vehicle was taken and whether personal belongings remained inside. Save correspondence about returning those belongings. If a lawsuit has arrived, keep the complete papers and any hearing notices. Ask which issues may support a dispute, which may be negotiated, and what other debt-relief options should be compared.

Related questions

Lawsuit preparation and settlement considerations. See the complete problem guide for other concerns.