For the life of me I cant find anything that resembles something that can be used for this purpose. According to searches done on the site I have found that the laws concerning auto repos are extremely tough. I also dont think that the company that repo'd my vehicle followed the law.
I.E. I recieved no notice if it went to auction,how much sold(if sold)...the account is NOT listed as a deficiency.It still shows a $3k balance. I am under the assumption that once the vehicle is repo'd the orignal contract is voided and the OC only has the right to collect on deficiency(assuming that reporting IS collection activity)
Anyway, I'd like to find a link to a letter that would have the OC respond to my requests proving they did the repo legally.
(can I even do that?)
If possible I would also like to know the penalties for not following legal protocol.
(the state the contract was signed and repo'd was florida in case that matters)
First you need a copy of your State's Repo Laws, then you can research the laws to see what was violated, then you can construct your letter to fit your needs to send to them.
Find out what your State laws are first or you will never know if they've broken anything.
If you are having trouble finding them, contact your State Attorney General's Office, Bureau of Consumer Protection and ask them for a copy of the law. I have contacted my Atty Gen's office more then once and I've gotten copies of the laws sent to me on each occasion free of charge.
In Florida, a certificate of title is required proof of ownership to a motor vehicle, except for mopeds, motorized bicycles and trailers weighing less than 2,000 pounds. The Department of Highway Safety & Motor Vehicles maintains indices of motor vehicles and mobile homes by name of owner, by title number, and by manufacturer's motor number or vehicle identification number, as well as a permanent record of notices of liens and satisfactions thereof. See Florida Statutes section 319.17
Sworn notice of lien must be filed. No lien for purchase money or as security for a debt upon a motor vehicle or mobile home upon which a Florida certificate of title has been issued, shall be enforceable against creditors or good faith purchasers, unless a sworn notice of such lien has been filed in the Department of Highway Safety & Motor Vehicles and such lien has been noted upon the certificate of title. See Florida Statutes section 319.27
Possession and Sale
Secured party may take possession after default.--Unless otherwise agreed, a secured party has, on default of the debtor, the right to take possession of the collateral. In taking possession a secured party may proceed without judicial process if this can be done without breach of the peace or may proceed by action. See Section 679.503 Florida UCC Article 9
Right to Redeem At any time before secured party has disposed of collateral or entered into a contract for its disposition under section 679.504, or before discharge under secton 679.505, debtor, any guarantor of the obligation, or any other secured party may, unless otherwise agreed in writing after default, redeem the collateral by tendering fulfillment of all obligations secured by collateral, expenses reasonably incurred by secured party in retaking, holding, and preparing for disposition, arranging for sale, and, to extent provided in agreement and not prohibited by law, reasonable attorneys' fees and legal expenses. See Florida Statutes section 679.506
Secured party may dispose of collateral after default A secured party after default may sell, lease or otherwise dispose of any or all of the collateral in its then condition or following any commercially reasonable preparation or processing.
The proceeds must be applied first to reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like and, to the extent provided for in the agreement and not prohibited by law, the reasonable attorneys' fees and legal expenses incurred by the secured party; Funds are then applied to satisfaction of indebtedness secured by the security interest under which the sale is being made.
If written notification of demand therefor is received before distribution of the proceeds is completed, funds may next be used for satisfaction of indebtedness secured by any subordinate security interest in the collateral. If requested by the secured party, the holder of a subordinate security interest must seasonably furnish reasonable proof of interest. See Florida Statutes section 679.504
Voluntary or involuntary Repossessions may require the services of a licensed recovery agent or intern The Department of State, Division of Licensing has authority over both licensed and unlicensed persons and businesses engaged in the field of repossession activity. Such activities are regulated by Chapter 493, Florida Statutes.
Those exempt from licensing include "In-house" recovery agents where an employer-employee relationship exists, Banks or bank holding companies, credit unions, and small loan companies operating pursuant to Chapters 516 and 520, Florida Statutes, Consumer credit reporting agencies regulated under 15 U.S.C. ss. 1681 et seq., and Collection agencies, and their employees, not engaged in repossessions. See excellent information about every aspect of Recovery Licensing from The Department of State, Division of Licensing
Compulsory sale of collateral in some instances. If the debtor has paid 60 percent of the cash price in the case of a purchase money security interest in consumer goods, or 60 percent of the loan in the case of another security interest in consumer goods, and has not signed after default a statement renouncing or modifying his or her rights under this part, a secured party who has taken possession of collateral must dispose of it by sale under section 679.504. See Florida Statutes section 679.505
Possible liability if not sold within 90 days. If the secured party fails to dispose of the collateral described above (60% consumer rules) by sale under s. 679.504 within 90 days after possession, the debtor at his or her option may recover in conversion or under s. 679.507(1) on secured party's liability. See Florida Statutes section 679.505
Acceptance of collateral as discharge of obligation In any other case involving consumer goods or any other collateral, a secured party in possession may, after default, propose to retain the collateral in satisfaction of the obligation. Written notice of such proposal shall be sent to the debtor and, except in the case of consumer goods, to any other secured party who has a security interest in the collateral and who has duly filed a financing statement indexed in the name of the debtor in this state.
If the debtor or other person entitled to receive notification objects in writing within 30 days from the date the notification is sent by the secured party or if any other secured party objects in writing within 30 days after the secured party obtains possession, the secured party must dispose of the collateral under s. 679.504 if the debtor or such other person has not signed after default a conspicuous statement renouncing or modifying his or her rights under this subsection. In the absence of such written objection, the secured party may retain the collateral in satisfaction of the debtor's obligation. See section 679.505
Secured Party Must Account to the Debtor If the security interest secures an indebtedness, the secured party must account to the debtor for any surplus, and, unless otherwise agreed, the debtor is liable for any deficiency. But if the underlying transaction was a sale of accounts or chattel paper, the debtor is entitled to any surplus or is liable for any deficiency only if the security agreement so provides.
Public or Private Sale, in a Commercially Reasonable Manner, after Notice Disposition of the collateral may be by public or private proceedings and may be made by way of one or more contracts. Sale or other disposition may be at any time and place and on any terms but every aspect of the disposition including the method, manner, time, place and terms must be commercially reasonable.
Unless collateral is perishable, reasonable notice of the time and place of any public sale or reasonable notification of the time after which any private sale or other intended disposition is to be made shall be sent by the secured party to the debtor. In non-consumer cases notification must be sent to any other secured party from whom the secured party has received (before sending his notification to the debtor or before the debtor's renunciation of his rights) written notice of a claim of an interest in the collateral. See Florida Statutes section 679.504
My understanding here is they were required to notify me of any sale of the vehicle. I didnt recieve any such notice.
I cant find anywhere that describes penalties concerning violation of the code. I also cant find any letters that others may have sent concerning possible violations of this code.
Found this on the dept of states website under recovery
If a licensed recovery agent violates the provisions of Chapter 493, F.S. the Department is responsible for initiating administrative action.
The following are examples of violations that are prohibited by law and may result in administrative action such as a fine, probation, revocation or suspension of license.
A recovery agent cannot commit a breach of the peace by acting riotously, forcibly, or unlawfully when conducting a repossession. Example: A debtor objects verbally or physically to a recovery in progress and the recovery agent does not retreat or cease recovery activities when the debtor refuses to surrender the vehicle.
Failing to safeguard and inventory personal property.
Failing to keep the inventory of personal property for two years.
Charging the debtor an unreasonable fee for the recovery, transportation, inventory, storage, and disposal of personal property.
Failing to return all personal property once the debtor has paid the fee.
Failing to give written notice to the debtor about the whereabouts of personal property within five days after repossession.
Failing to notify the debtor by certified mail within 45 days prior to disposal of personal property.
Disposing of personal property before the end of the 45-day period the debtor is given by law to retrieve personal property.
Carrying any weapon or firearm on private property when performing repossessions.
The recovery agency's license number does not appear on the repossession vehicle and there is other identifying information on the recovery vehicle during a repossession.
Failure to notify the police or sheriff in the jurisdiction of the repossession within two hours after recovery.
Failure to maintain $300,000 general liability insurance coverage