Repossession in Florida: Can You Cut a Key If Debtor Refuses?
In Florida, a creditor/repossession agent may have a key cut if the debtor refuses to surrender the vehicle, but only after obtaining a court order (writ of replevin).
Required Steps
- Creditor files for writ of replevin in court.
- Court issues order specifying vehicle (make/model/year/VIN), location, and authorizing entry & key cutting.
- Agent executes order; may use reasonable force to enter property (but not breach peace).
- If debtor interferes, agent may use reasonable force to protect self/vehicle; cannot assault.
Key Restrictions
- No "self-help" key cutting without court order—risks wrongful repossession, trespass, conversion claims.
- Florida Statutes § 679.609 (UCC) governs secured party rights; § 782.02 defines justifiable force.
- Local ordinances may add requirements.
Best practice: Hire a licensed FL repossession agency; let them handle legal process.