I am being taken to court over a debt from 1995. A vehicle I leased in 1992 was voluntarily repossesed and sold at auction in 1995. The remaining amount owed after auction is what is in question. I paid it, but it has been so long ago, I no longer have any documents to prove I did. The company trying to get judgement(Hudson & Keyes) have not produced anything but a copy of my lease agreement and a letter from the bank stating that the car was to be sold at auction. There is no actual statement of a balance or what the car sold for at auction. Today I appeared for a pre trial and plaintiffs did not have any new evidence. I explained to the judge that it was paid but I no longer had proof. Furthermore, I contacted the bank that the plaintiffs say they represent and the bank, through my name and social, say that I am not even in their system. The judge is going to set a trial date and if I want this to go away I need proof that I paid it.He also suggested that I get a lawyer since there are many ways to present this that I am not knowledgable enough to do. My questions: How do I get proof? I don't even remember the bank that I was using at the time Can a judgement be made against me with no actual statement of what I owe? the judge said as long as the plaintiffs have all their ducks in a row and show they have gone through the right procedures they will have a case. any suggestion would be greatly appreciated. I am not afraid to represent myself but I need some help
When was the car repoed? When did you pay off the amount due after auction? At that time, did you pay the bank, or a CA? Did the OC or a CA bill you, and you paid from that, or did they sue and get a judgement first? How much is this new CA now claiming is owed? Are they reporting this on your credit reports? Are there any other FDCPA or FCRA violations involved? Presumably this is a debt based on a "written contract". What is SOL for this type of debt in your state? Does your state require that the seller of a repoed car provide documentation on the sale at auction (itemized amount sold for, and any fees for the sale) in order to collect the balance from the consumer? (You might want to call your state AG, and ask.)
1995 debt Thank you for your reply. I am in Ohio and the SOL is 15yrs on written agreements. The amount they claim I owe is around $3400 plus 7% interest. There is nothing on my credit report regarding this, nor has there ever been. I am not sure when the exact payment was made but I am guessing around the time after it was auctioned. May 1995.
It sounds like you need to challenge what flimsy documentation they may have. "I am not afraid to represent myself " It's not about being afraid. It's just about the money. For $3700, plus interest at 7% (that more than doubles it in 11 years), and likely attorney's fees, your may be looking at over $8K. To this CA, this looks like good odds for no work, since most consumers haven't a clue how to respond. Follow the judge's advice. Get an attorney. The judge gave you a hint when he said there were many ways to present this that you were probably not knowledgable enough to do, and that plantiffs had to have their ducks in a row and be able to show that they went thru the right procedures. He just said it in an "impartial" manner. He basically told you that what had already been presented was not enough if you challenged it properly, but if you didn't, you could lose. There may be various FDCPA violations as well as Ohio consumer protection statutes. For example, there could be state notification requirements that if not met, might result in you not being liable for the amount not recovered at auction. That document might even have been sent to you when you paid, but maybe they cannot show it. Producing it might require access to the same records of the OC that would show the debt was paid. Or the documents they have produced so far might not be directly from the OC, but might have been passed from CA to CA with sale of the debt. The CA might not be able to produce validation of the debt, thru discovery, traceable directly back to the OC, or if they did, the OC's records might show the debt was paid. You don't want to lose $8k due to a couple documents dated from before you paid, just because you didn't know what to challenge or how to challenge it, especially since you already paid it. You might try: www.naca.net Search in Ohio for attorneys specializing in and experienced in consumer debt, and FDCPA litigation.
