How Can a Secured Creditor Repossess Collateral Without Breaching the Peace?
Jimerson Firm
NOVEMBER 16, 2020
Florida courts have established a two-part test to determine if a secured creditor “breached the peace” within the meaning of Section 679.609(2)(b) of the Florida Statutes: “(1) whether there was entry by the creditor upon the debtor’s premises; and (2) whether the debtor or one acting on his behalf consented to the entry and repossession.”
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