Help.. How Does This Work..????

Discussion in 'Credit Talk' started by MartysGirl, Aug 25, 2001.

  1. MartysGirl

    MartysGirl Well-Known Member

    Ok.. I had a friend call me this morning frantic from work! She is concerned about a repo'd that happened about 8 months ago. A Collection Agency Contacted her today about the debt she owes. They didn't go into great detail b/c she told them she wasn't aware and have not received any paper work. I can say she doesn't have any judgments placed against her Credit Report.

    Ok... This is what I don't get... it has been eight months. Did the CA call her about the, remainder of the Judgment? If Not.. What else could it Be??? Is it possiable to just hand this over "Whatever they claim she owes" to a CA without getting a judgment?

    I thought, correct me if I am wrong, to collect a debt from a REPO you have to follow certain steps. Like they must let you know when and where your car is to be sold or auctioned off? They must serve you so you have a chance to show up in court and present your case? SO... if none of this has happened WHAT IS GOING ON...?? Is there any other way to dodge this and go straight to a CA?

    I Don't Get IT... PLEASE BOARD HELP...!!!!!

    MartysGirl (sorry so long)
  2. NanaC

    NanaC Well-Known Member

    Martys...I'm so now sure of what I'm saying but my thoughts were that they did need to notify her of the location of the car and give her the balance,, they could use resources to get the money if such as a CA or file lawsuit. It sounds like they skipped the notificaton part and went straight to CA. That might help her, I would think..ok, experts..what do you think?
  3. MartysGirl

    MartysGirl Well-Known Member

    Thanks NanaC...

    I can say it feels good to have you agree with me! I respect your expertise ;-)

  4. bbauer

    bbauer Banned

    You are being a bit confusing here. Let me illustrate.
  5. MartysGirl

    MartysGirl Well-Known Member

    Thanks Bill for your help

    Sorry if I am confusing.. I am Confused my self ;-)

    Ok... I talked to her again. She claims she shows no repos on two of her credit reports. I don't feel she has a judgment b/c it's not on Equifax and they always report to them in SC. She is still waiting on one more TU report.

    She has not received any court order to go to court nor has she got anything explaining how or when they sold her car. Today the CA called her at work and she really couldn't talk. She didn't' find out how much they wanted from her all they told her was they had mailed her information Aug 24.. I am assuming they have mailed the deficiency on the car that the CA is trying to collect.

    I feel she is up in the air. She doesn't know if the CA bought or the CA is just trying to collect for the finance company. What do you think?

    Also.. should she try to ask for relief? Once she finds out who still owns the debt. The reason for asking for relief ..... not being properly informed of when her car was sold to reaffirm the debt or by back the car? If you agree how should she go about this?


  6. bbauer

    bbauer Banned


    Ok, let's start here.
    If she has not been served with any court papers such as a summons, then the likelyhood is that she has not been sued. She can easily keep a constant check on that right on line with some states. She should visit the website of the State Supreme Court for her state to see if they have all the court cases on line as Oklahoma is doing. Oklahoma is the absolute leader in getting that stuff on line, but other states are quickly following the lead. If she hasn't been served and she can't find it on the suggested or similiar website, then she will just have to wait to see what happens.

    She should immediately put a stop to that monkey business.

    Well, you know the rules on that. Has to have the notice on the bottom or somewhere about attempting to collect a debt. She should follow it up with a validation letter and follow the process as we know it.

    It really don't make much difference which it is. You should counsel her to calm down and not get all that upset about it. Not to say she has nothing to worry about because she obviously does. One just needs to approach these things in a calm and rational way. Think things out and proceed in the most logical way. If she goes at it right, she can beat them off. She should not throw any of the letters away, she should not talk to anyone about it on the phone and she should demand that all business be conducted by letter, then hang up the phone. Start off with the validation letter and take it from there. You know the drill by now, I should think.

    It makes no difference at this point in time who owns the debt. She just needs to grease the squeaky wheel with validation grease.(LOL)

    I wouldn't worry about all of that for the simple reason that to enforce any such things she would have to get an attorney, go to court and sue them. That's not an approach that's likely to hold much potential for profit or gain to say the least even if it were allowable in your state or if you could even get an attorney to take the case. I doubt that either is likely.

    I have a website that you can check for all the state statutes in all of the states, and if you want to take the time and trouble to dig through all of that stuff to see what the state laws are in your state trying to come up with a way to go, email me and I'll give you the link. It's not all that likely that you will come up with anything to help her with, but who knows until you give it a shot.
  7. MartysGirl

    MartysGirl Well-Known Member


    I don't think I asked the correct question. If she was to have a judgment placed against her after she sends the validation letter and C&D letter. IF.. they have already placed a judgment with out her knowledge should she try to go back to the courts and ask for relief, and for removal from the CA b/c the didn't follow the proper procedure?

    I am asking b/c I am really learning here. I personally have never went through any repo. But.. I hear of so many people who have had their cars repo'd just like the what you posted earlier. There has to be something more you can do when financial institutions jerk people around.

  8. breeze

    breeze Well-Known Member

    They are probably trying to collect the deficiency balance. If they went to court and she wasn't served, then the judgment can be vacated. But I doubt they went to court yet. My guess is that in SC deficiency balances can't be collected that way. Many states have law like this Here is a link to SC statutes and courts.

    SC state courts do not have the cases listed online, but she/you can call the court in your jurisdiction next week and ask if there is a judgment against her. If so, she can go down there and look at the papers that were filed. If not, then you just need to look up the law about deficiency balances after repossession. That means that after they took the car and sold it, she still owed money. Everybody always still owes money. Very little of it gets collected. It was probably written off and the "debt" was sold.

    hope this helps. There are some folks on here who have been trhough this, I imagine they ummm just have lives, LOL, and are with their families or whatever today . Hang in, they will post, I'm sure.

    They cannot call her at work if she tells them it is not allowed.

  9. breeze

    breeze Well-Known Member

    Oh, one more thing, each state has specific laws re repossession of vehicles, and you can't take general statements at face value.

  10. bbauer

    bbauer Banned



    I don't think I asked the correct question. If she was to have a judgment placed against
    her after she sends the validation letter and C&D letter. IF.. they have already placed a
    judgment with out her knowledge should she try to go back to the courts and ask for
    relief, and for removal from the CA b/c the didn't follow the proper procedure?[/quote] It can be done for many different reasons which I needn't go into here. Much too long. From what you are telling me, it's highly unlikely that such a thing has ocurred. If a judgement has been placed she will find out about it in due time. I'd look for a summons to be served before I worried about any judgements. But if served, she should seek competent advice at the earliest possible time and get an answer in to the court. Otherwise she will be unable to present her arguments if indeed she has any.

    Although there are people here who for whatever reason would like you to think that there is little or nothing that can be done to stop a creditor or collector in their tracks and make them turn tail and run, nothing could be further from the truth.
    Actions always speak louder than words and rhetoric. And I have the proof of the results of my actions posted on my website for all to see. Actual proof that cannot be invented easily. On top of that, actual testimony to the facts are posted here on this website by those with actual experience and it's here for everyone to see for themselves. And those posts are also present on my website in their entirety, just as the people wrote them and posted them. And it is easy to see that they are actual posts from this website. I think that is sufficient proof that what I say is the truth, the whole truth and nothing but the truth.

    So yes, there are things that can be done when financial institutions jerk people around. The problem I see here, however, is that you have presented no "evidence" or statement which would lead me to believe that anyone has been jerked around yet in any substantial manner. Give them some opportunities however, and the picture could very easily change.

    Calling her at her work may not have been "cool", but they didn't break any laws in doing so that I am aware of.
  11. bbauer

    bbauer Banned

    Right on target, Breeze!
  12. MartysGirl

    MartysGirl Well-Known Member

    Thanks Guys For Your Help..!! Unfortunately... for her to find out anything about a judgment being placed against her... she would have to call. But.. I am with you both Bill and Breeze I don't think they have got a judgment.

    Breeze... I went to the link you give to me. I looked under Statues but couldn't find anything about repossessions. I hope I didn't over look it :-(

    Thanks Again Guys...

  13. breeze

    breeze Well-Known Member

    I will look over it tonight and tomorrow - it is a bitch searching statutes!!

    Maybe somebody already knows.

  14. bbauer

    bbauer Banned

    Just send me an email and I will give you the link for the state laws for all states. Click on the state you want and you are in
  15. MartysGirl

    MartysGirl Well-Known Member

    Thanks For you help Breeze ;-)

    I e-mailed Bill since he has it all! That way you don't have to take up your whole weekend searching for me! Although... that is very sweet of!!

  16. MartysGirl

    MartysGirl Well-Known Member

    Thanks Breeze and Bill for you help!!

    I e-mailed you Bill so you could send me the link since you have it on hand. This way Breeze doesn't have to spend her whole weekend searching for me..!! Although that was sweet of you Breeze ;-)

    Thanks Again Guys

  17. MartysGirl

    MartysGirl Well-Known Member

    Sorry Guys... I hit the wrong button and was afraid it didn't post....I am soooo silly....!!!!


    P.S. Bill... what do you think about those OKC Sooners this year?? My husband and I are watching the game tonight!
  18. breeze

    breeze Well-Known Member

    Here it is:

    Title 37 - Consumer Protection Code
    CHAPTER 5.
    SECTION 37-5-103. Restrictions on deficiency judgments in consumer credit sales.

    It basically says that if the price was less than $1,500 no deficiency balance can be collected.

    However, it also says that wages cannot be garnished for this type of debt.

    They are taking a shot in the dark - they have no means of collecting this. She can shoo them off.

    You can find it all by typing "deficiency balance" in the search box.
  19. MartysGirl

    MartysGirl Well-Known Member

    Thanks Breeze...!!!! When I told her what you had posted are went to the site...You could only imagine how much better she feels about this all!

    Thanks Gain Guys for all of your help!!

  20. breeze

    breeze Well-Known Member

    Glad I could help. Don't forget to check for a judgment just in case. No point in having her credit trashed over this.

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