Self-Help Repossession

37 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Adams v. S. Cal. First Nat'l Bank
  492 F.2d 324· 9th Cir.· 1973-10-04 ·cited 76×
  The dissenting judge would hold that creditors acted under color of state law and deprived debtors of due process by repossessing vehicles without a prior judicial hearing.
• Shirley v. State Nat'l Bank OF Conn.
  493 F.2d 739· 2d Cir.· 1974-02-14 ·cited 58×
  The court held that the private repossession of property, even if authorized by common law or statute, constitutes state action when it involves a unilateral taking without consent, thus requiring due process protections.
• James v. Pinnix
  495 F.2d 206· 5th Cir.· 1974-06-10 ·cited 48×
  The court held that the self-help repossession of collateral by a secured creditor under Mississippi Code § 9-503 does not constitute state action, and therefore does not give rise to a claim under 42 U.S.C. § 1983.
• Northside Motors OF Fla., Inc. v. Brinkley
  282 So. 2d 617· Fla.· 1973-07-31 ·cited 40×
  Northside Motors appeals a trial court judgment finding Florida's self-help repossession statute (§ 679.503) unconstitutional as applied, based on Fuentes v. Shevin. The Florida Supreme Court reverses, holding that self-help repossession by a private creditor does not constitute
• Harry H. and Thelma Gibbs v. Titelman
  502 F.2d 1107· 3d Cir.· 1974-08-01 ·cited 36×
  The court held that private self-help repossession of automobiles, even when permitted by state statute, does not constitute state action under the Fourteenth Amendment or 42 U.S.C. § 1983.
• Hoyte Gentry and N. R. Johnston v. Smith
  487 F.2d 571· 5th Cir.· 1973-11-20 ·cited 33×
  The court held that the contract was mutually rescinded due to breaches by both parties, but reversed the damages award, remanding for a full accounting that includes the corporation.
• United States v. Coleman
  628 F.2d 961· 6th Cir.· 1980-08-18 ·cited 32×
  The court held that the repossession of the truck and the subsequent discovery and seizure of the shotgun by police did not constitute state action or a Fourth Amendment violation.
• Parks v. "MR. Ford"
  556 F.2d 132· 3d Cir.· 1977-04-04 ·cited 30×
  The court held that Pennsylvania's common law repairman's lien, allowing non-consensual possession without due process safeguards, violates the Fourteenth Amendment.
• Northrip v. Fed. Nat'l Mortg. Ass'n
  527 F.2d 23· 6th Cir.· 1975-12-11 ·cited 30×
  The court held that the foreclosure proceeding did not involve state action, and therefore did not violate the due process clause, because the power of sale was a privately created contractual remedy, not a state function.
• Price v. Franklin Inv. Co., Inc.
  574 F.2d 594· D.C. Cir.· 1978-02-23 ·cited 22×
  A finance company that purchases installment contracts from a dealer, and has a close, integrated relationship with the dealer, can be held liable as a 'creditor' under the Truth in Lending Act for disclosure violations, even if it did not directly draft the contract terms.
• Bryant v. Jefferson Fed. Sav. & Loan Ass'n
  509 F.2d 511· D.C. Cir.· 1974-12-09 ·cited 22×
  The court held that the constitutional claim presented was insubstantial and did not require a three-judge district court, affirming the lower court's refusal to convene one.
• Arcoren v. Wenton Peters and John Schooler
  829 F.2d 671· 8th Cir.· 1987-09-25 ·cited 20×
  The court held that government officials acting under a security agreement are not exempt from constitutional due process requirements, and the law clearly established a right to notice and hearing before seizure of property.
• Turner v. Impala Motors
  503 F.2d 607· 6th Cir.· 1974-09-20 ·cited 20×
  Peaceful repossession under Tennessee Code Ann. § 47-9-503 is not action under color of state law for purposes of 42 U.S.C. § 1983 or state action under the Fourteenth Amendment.
• Bailey v. Christo
  453 So. 2d 1134· Fla. 1st DCA· 1984-06-29 ·cited 19×
  Bailey appeals a preliminary injunction ordering him to open and operate the Spinnaker II nightclub and pay stipulated percentages of gross revenues to himself and co-owner Christo during the 1984 season. The court affirmed, holding that the trial court did not abuse its discreti
• Culbertson v. Leland
  528 F.2d 426· 9th Cir.· 1975-10-03 ·cited 18×
  The seizure of a tenant's property by an innkeeper under state innkeeper's lien statutes, without a security interest in the property, constitutes state action.
• Raffa v. The Dania Bank & Bruce Fletcher
  321 So. 2d 83· Fla. 4th DCA· 1975-10-31 ·cited 17×
  Nancy Raffa appeals a summary judgment dismissing her conversion claim against Dania Bank and its repossession agent Bruce Fletcher for taking her car from her driveway without notice. The court affirmed that the repossession itself was lawful, but reversed regarding whether the
• Mickey Nowlin and Arlene Nowlin v. Prof'l Auto Sales, Inc.
  496 F.2d 16· 8th Cir.· 1974-04-25 ·cited 16×
  Self-help repossession of vehicles by private parties, authorized by state commercial codes, does not constitute state action for purposes of a 42 U.S.C. § 1983 claim.
• Denver Sammons and Jacqueline Sammons v. Broward Bank
  599 So. 2d 1018· Fla. 4th DCA· 1992-04-29 ·cited 12×
  Denver and Jacqueline Sammons appealed a judgment against them in their tortious repossession claim against Broward Bank. The court held that a bank has a nondelegable duty under Florida law to repossess collateral only by peaceable means, meaning the bank cannot avoid liability
• Leola Nichols v. Tower Grove Bank
  497 F.2d 404· 8th Cir.· 1974-05-13 ·cited 10×
  Self-help repossession and sale of collateral under a contract, even when authorized by state statute and involving state issuance of a new title, does not constitute action taken under color of state law for purposes of a 42 U.S.C. § 1983 claim.
• Boudreau v. Borg-Warner Acceptance Corp.
  616 F.2d 1077· 9th Cir.· 1980-01-22 ·cited 8×
  A monetary default under a security agreement, coupled with the debtor's failure to pay for sold merchandise, activates the creditor's right to self-help repossession of all inventory, not just floorplanned items.
• Thompson v. Ford Motor Credit Co.
  550 F.2d 256· 5th Cir.· 1977-04-08 ·cited 6×
  The court held that the repossession of the automobile was not wrongful, as there was no breach of the peace, and the plaintiff waived claims to personal property left in the vehicle.
• Gary v. Darnell
  505 F.2d 741· 6th Cir.· 1974-10-23 ·cited 6×
  Repossession of an automobile pursuant to Kentucky's self-help repossession statute, UCC § 9-503, does not constitute action under color of state law for purposes of 42 U.S.C. § 1983.
• Cheetham v. Universal C. I. T. Credit Corp.
  390 F.2d 234· 1st Cir.· 1968-03-04 ·cited 6×
  A secured creditor's claim is only 'dealt with' by a Chapter XIII wage earner plan if the plan expressly limits the amount recoverable or restricts the creditor's security interest.
• Winfield v. First NEW Haven Nat'l Bank
  392 So. 2d 957· Fla. 4th DCA· 1980-12-31 ·cited 4×
  First New Haven National Bank sued to recover on a default retail installment sales contract for an aircraft. The bank obtained a summary final judgment against appellant Winfield, who had personally guaranteed the debt. Appellant appealed the denial of her Rule 1.540 motion for
• Brescher v. Assocs. Fin. Servs.
  460 So. 2d 464· Fla. 4th DCA· 1984-12-05 ·cited 2×
  A secured creditor may recover possession of collateral through replevin from a sheriff holding the property under execution when the debtor has defaulted on the secured loan. The court held that Florida's UCC § 679.503, which grants secured parties the right to take possession u
• Taylor v. United Mo. Bank OF Kan. City
  693 F.2d 63· 8th Cir.· 1982-11-26 ·cited 2×
  The court held that the bank's repossession of a car constituted an affirmative act under Mo. Ann. Stat. § 408.405, and the buyer fulfilled her statutory obligations by complaining to the seller.
• Medel v. Republic Nat'l Bank OF Miami
  365 So. 2d 782· Fla. 3d DCA· 1978-12-19 ·cited 2×
  Rogelio Medel sued his judgment creditor's attorney Michael Striar for intentional infliction of emotional distress and conversion after Striar obtained Medel's jewelry through deception during a deposition, claiming self-help collection rights under Florida law. The court revers
• Huber v. Union Planters Nat'l Bank OF Memphis
  491 F.2d 846· 6th Cir.· 1974-02-07 ·cited 2×
  The court held that the plaintiff was deprived of her automobile without due process of law, in violation of the Constitution.
• First Nat'l Bank OF Portsmouth v. Cope
  385 F.2d 404· 1st Cir.· 1967-11-07 ·cited 2×
  A secured creditor cannot exercise self-help to repossess property in the exclusive jurisdiction of the bankruptcy court, even if they have a right to the property.
• Dietrich v. Key Bank, N.A.
  693 F. Supp. 1112· S.D. Fla.· 1988-08-19 ·cited 1×
  Parties to a ship mortgage can contractually agree to use state law self-help remedies for repossession and private foreclosure, and such an agreement permits a deficiency judgment. Federal law provides the exclusive judicial foreclosure mechanism, but does not preclude contractu
• Shirey v. Gov't Emp's. Corp.
  287 So. 2d 729· Fla. 3d DCA· 1974-01-08 ·cited 1×
  A debtor challenged the constitutionality of Florida's secured transaction statutes authorizing creditor self-help repossession and sale of collateral upon default. The trial court struck the debtor's affirmative defenses and dismissed his counterclaim, and this appeal affirms th
• Hohns v. Thompson
  Fla. 5th DCA· 2022-10-14
  A secured party may enforce a promissory note and take possession of collateral without filing a lawsuit, provided the note's terms and Florida Statutes section 679.609 authorize such self-help repossession without breach of the peace. Thompson's interest in Toyosity was divested
• Medine v. Wash. Mut.
  958 F. Supp. 2d 738· S.D. Fla.· 1998-11-10
  The court held that the plaintiff satisfied the requirements for class certification under Federal Rule of Civil Procedure 23(a) and 23(b)(3), finding common questions of law and fact predominated.
• Riviera Pools, Inc. v. Shapiro
  540 So. 2d 945· Fla. 4th DCA· 1989-04-12
• Johnson v. Atl. Disc. Co., Inc.
  45 Fla. Supp. 30· Fla. Cty. Ct.· 1976-11-10
  A Florida county court holds that Florida Statute 679.503, which permits self-help repossession of motor vehicles without notice or hearing, violates Article 1, Section 9 of the Florida Constitution's due process guarantee. The court distinguishes the Florida Constitution's broad
• Parnell v. Hartford Nat'l Bank & Tr. Co. of Hartford
  307 So. 2d 253· Fla. 4th DCA· 1975-01-10
• B. Hayden Crawford for the Rutang Corp. v. Commercial Credit Corp.
  167 So. 2d 28· Fla. 3d DCA· 1964-07-07
  A bankruptcy trustee challenged a replevin judgment in favor of a finance company claiming an unpaid installment contract with a retain-title clause gave it possession rights to three automobiles. The court held that the retain-title agreement was valid and enforceable despite th