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

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, etc...info...then, 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?

 

Martysgirl:
You are being a bit confusing here. Let me illustrate.

 

Martysgirl:

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.

 

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.

http://www.lawdog.com/states/sc/sta9.htm

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.

breeze

 

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

breeze

 

Martysgirl:

[quote[

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.
.

 

Right on target, Breeze!

 

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

Maybe somebody already knows.

breeze

 

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

 

Here it is:

Title 37 - Consumer Protection Code
CHAPTER 5.
REMEDIES AND PENALTIES
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.

 

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