FL Man Wrongfully Repossessed Over 14yo Judgement (Video)

TAMPA, Fla. (WFLA) — A Riverview man has been without his vehicle since early November after it was repossessed from his driveway even though he said he never missed a single payment. Charles Songer’s vehicle was seized after a judge granted the repossession when a 14-year-old landlord-tenant case from Leon County was quietly reopened in early November. Although a judgment had been entered against Songer in 2012, he said he never knew about the case and that it had no merit. Songer’s attorney, David Page, points to court records that show a process server was unable to properly serve him with the lawsuit, indicating he was never notified about the lawsuit. Songer said his ordeal began in November when his wife returned home from work and noticed his vehicle was missing. “She says, ‘Oh, you’re home.’ I’m like, ‘Of course I’m home.’ She goes, ‘Well, where’s your vehicle?’ I said, ‘It’s outside.’ I thought she was joking with me. I go outside and check, and my vehicle is gone,” Songer said. After making calls to his lender, law enforcement and a tow company, Songer was eventually connected with a Lutz attorney, Jennifer Ann Garner, a debt collection attorney who is one the attorneys handling the reopened case for the plaintiff. Songer said that was the first time he learned he and a roommate had been sued in 2012 by their landlord in Tallahassee. His said his red 2021 Chevy Tahoe was repossessed to satisfy a $9,052 judgment in that lawsuit. Page, Songer’s attorney, points to court documents that show the original 2012 eviction claimed rent was not paid from June 2011 to January 2012. However, the lease attached to the suit lists terms from February 2010 to February 2011 — four months before rent was allegedly owed. Songer said he did not live at the property during the dates in question. “The due process was missed here,” Songer said. “I didn’t have the chance to … I would have went to court that day obviously and said, ‘Hey, we have an issue with her claim.’ And I would be able to defend myself, but I haven’t had that opportunity until my vehicle was stolen.” Songer’s attorney said the lack of service should be enough to get his truck returned, but time is critical. Garner, the attorney for the plaintiff, declined to answer questions. 8 On Your Side Consumer Investigator Shannon Behnken tried to contact the plaintiff, former landlord Amber Carlberg, but that led to another development. Her parents said Carlberg died from COVID-19 in 2021. They called the situation “ridiculous” and questioned how their late daughter could still be named as the plaintiff and, if the truck is sold, where the money would go. Meanwhile, Page said he has questions about the representation and noted that attorneys are not able to represent deceased clients. He pointed out that this case lists Carlberg as the plaintiff, indicating she is alive. Page also said Garner acknowledged the problems with service in the case and indicated the truck will now be returned to Songer. Behnken will stay on this story until it is resolved.