If you financed a vehicle through American Credit Acceptance and have fallen behind in Florida, understanding state law can help you make better decisions under pressure. MultiGen Law Institute is a consumer-advocacy organization that publishes plain-language guides for borrowers dealing with subprime auto lenders like American Credit Acceptance. The information below is general information about Florida law and is not legal advice. Florida repossession and sale rules come mostly from the state’s version of Uniform Commercial Code Article 9, codified in Florida Statutes Chapter 679.
This guide covers Florida. For the full state-by-state breakdown, see American Credit Acceptance repossession laws in all 50 states.
When can American Credit Acceptance repossess your car in Florida?
Florida allows “self-help” repossession under Fla. Stat. § 679.609, meaning American Credit Acceptance can take the vehicle after default without going to court or giving you advance warning — but only if it does so without a breach of the peace. A repossession agent cannot use or threaten physical force, break into a locked garage, or take the car over your direct objection at the scene. If a breach of the peace occurs, the repossession can be challenged, and Fla. Stat. § 679.602 makes any contract clause that tries to waive this protection unenforceable. What counts as “default” is defined by your contract, so review your American Credit Acceptance agreement for any grace period or acceleration terms.
Notice, cure, and reinstatement rights in Florida
Florida law does not require a lender to send a pre-repossession “right to cure” notice for a standard auto loan, so American Credit Acceptance often is not obligated to warn you before the tow truck arrives. However, before it can sell the vehicle, American Credit Acceptance must send you (and any co-signer) a written notice of the intended sale under Fla. Stat. §§ 679.611–679.614. A notice sent at least 10 days before the sale date is presumed reasonable. Any reinstatement right — the ability to catch up on missed payments and keep the car — typically comes from your contract rather than a Florida statute, so read your agreement closely.
After the repossession — sale, redemption, and your personal property
Under Fla. Stat. § 679.623, you have a right of redemption: before the vehicle is sold, you can reclaim it by paying the full remaining balance plus reasonable repossession, storage, and related costs. American Credit Acceptance must also dispose of the car in a commercially reasonable manner under Fla. Stat. § 679.610 — the method, time, place, and terms of the sale must be reasonable, and a resale far below fair market value can be challenged. You are entitled to retrieve personal belongings left inside the vehicle at no charge, though items permanently installed are generally treated as part of the car.
Can American Credit Acceptance sue you for a deficiency in Florida?
Yes. If the sale price does not cover what you owe plus allowed expenses, the leftover balance is a “deficiency,” and Fla. Stat. § 679.615 permits American Credit Acceptance to sue you for it. Florida courts, however, require the lender to prove it complied with the rules — that it gave proper notice of sale and that the sale was commercially reasonable. If American Credit Acceptance failed to send adequate notice or dumped the vehicle at an unreasonably low price, that can reduce or eliminate the deficiency it can collect. Because consumer goods are involved, Fla. Stat. § 679.625 may also let you recover statutory damages when the lender violates these procedures.
How long can they collect? Florida’s statute of limitations
An auto loan is a written contract, and Florida’s statute of limitations for actions on a written contract is five years under Fla. Stat. § 95.11(2)(b). The clock generally starts running from the date of the breach — often the first missed payment or the acceleration of the loan — not from the repossession itself. If American Credit Acceptance or a debt buyer sues you after that window closes, the expired limitations period is a defense you must raise in your written response; courts will not apply it automatically. Be cautious about making a payment or written promise on an old debt, as that can sometimes restart the clock.
Your consumer-protection rights in Florida
Florida gives borrowers extra tools beyond the federal Fair Debt Collection Practices Act. The Florida Consumer Collection Practices Act (FCCPA), Fla. Stat. § 559.72, bars abusive, deceptive, or harassing collection conduct — such as calling before 8 a.m. or after 9 p.m. or misrepresenting the amount owed — and applies to creditors like American Credit Acceptance, not just outside collectors. Violations can carry statutory damages up to $1,000 plus attorney’s fees. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. § 501.204, may apply to unfair or deceptive lending and repossession practices. You can also file a complaint with the Florida Attorney General’s consumer-protection division at myfloridalegal.com.
Repossessed by American Credit Acceptance in Florida? Here’s what to do
Act quickly and keep records. Save every notice, letter, and text from American Credit Acceptance, and write down dates, times, and what was said during the repossession — especially anything suggesting a breach of the peace. Request an itemized accounting of the sale price and claimed deficiency, and compare the reported sale price against the vehicle’s fair market value. If you were sued, respond in writing before the deadline and consider raising defective-notice, commercial-unreasonableness, or statute-of-limitations defenses. Confirm you recovered all personal property from the car.
You are not alone in dealing with American Credit Acceptance. Review the class-action list to see whether current litigation may apply to your situation, and explore the pro-se kit if you plan to respond to a lawsuit or assert your rights on your own.
MultiGen Law Institute is a consumer-advocacy organization, not a law firm, and does not provide legal representation. This page offers general information about Florida law and is not legal advice. Laws change and every case is different. For advice about your specific situation, consult a licensed Florida attorney.
Get your free case review
Dealing with American Credit Acceptance — a repossession, a deficiency balance, collection calls, or a lawsuit? Get a free, no-obligation review of your situation. Add your case below and our team will tell you where you stand. Want to stay anonymous for now? Use a throwaway email — we only need a way to send your review.