Case Law

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Case Law

In the case of Northside Motors of Florida, Inc. v. Brinkley, 282 So. 2nd (FL 1973), the court’s ruling states, in part, “The Supreme Court of the United States has since emphasized and re-emphasized that state action will not be found in the purely private conduct of an individual voluntary engaged in without some form of active assistance or cooperation on the part of the state.” This means that law enforcement shall not be involved in the self-help (non-judicial) repossession process unless some violation of law occurs.

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