What a mess!!!
Date: Mon, 04/11/2011 - 13:18
A collection agency has purchased an old debt of mine (voluntary repossession of a vehicle). This was in early 2007. I was contacted off and on about this (rarely) until the end of last year (I always ignored them, when they contacted me, because I don't ow this new company anything as far as I'm concerned), when they came at me full force, including a court summons. I went to court and it was the strangest thing ever. The judge asked me if I had anything to say, and I said I couldn't pay 150.00, and she went on with some legal words and told me to wait out in the hallway, where the plaintiff and I would speak. He came out and basically told me that he had no clue about my case bc he was a "substitute" for the guy who was originally supposed to be there. Around 2 or so weeks later, I received a letter claiming there was a judgement against me and that I needed to pay. Because a judge never said to me, there was a judgement, I ignored that too. Now I've received a form for exemption of my properties. I called the collection agency and basically told them that I absolutely could not pay 150/month and asked if they were actually going to take my things (now I know this was a mistake, and I feel awful.) and they of course, said yes. So I told them I could try paying 100/month. I am due to make my first payment at the end of the month and am just now understanding how all of this works. I have called requesting validation of the debt, and they told me that I should've done that within the first 30 days of notice. I read now that I can still ask, they just aren't legally obligated to show me. I also have a consult with a lawyer tomorrow, where I'm hoping to find out more information. This is a mess. I can't eat/sleep, and I'm constantly on edge. Also they've informed me that I have a 50% interest rate on my debt.
If you've already received a judgment, it's too late to validate
If you've already received a judgment, it's too late to validate. You should have done that when you received a letter of collection and/or when you went to court. Are you working? If so, it's likely you'll be garnished. Do you have a checking/savings/money market account? If so, it's likely it will be levied. You need to work out a payment arrangement with these people. You need to work it out fast and you need to stick to it once you do.
I'm not working and I only have a savings account. I also was c
I'm not working and I only have a savings account.
I also was curious, wouldn't the judge of said the judgement to me? Or in front of me? Why did I only receive a judgment in the mail? Is that how it works?
Also, I have told them I can try the 100/month, but that barely covers interest. I'll be paying until I'm 50.
If the judge sided with the plaintiff (judgment for the plaintif
If the judge sided with the plaintiff (judgment for the plaintiff - your debt collector) then they win the case and have a judgment against you. They can collect on that judgment in a number of ways (liens, levies, garnishments, etc.). Can I ask why you ignored the debt for so long? When you turn in your car it gets sold at auction. You're still liable for the balance of the loan if the selling price is lower than what you owed (and it usually is). The bad news is that you may have been able to reduce this debt and settled it a long time ago. You may also have been able to fight it in court. You didn't request validation and by not fighting it when the judge asked if you had anything to say, you basically admitted to the debt. I'm sorry I don't have better news for you. The only option I can think of is if you file a motion to vacate the judgment. Do you think that the amount being collected is incorrect? Do you think that the collection agency has proper validation of the debt? Is it a junk debt buyer? If so, you may be able to motion the court to vacate the judgment, go back to court and have it overturned on the grounds that that have no proof.
hiya--two questions... First, what state are you in, and second
hiya--two questions...
First, what state are you in, and second, what year did the debt first become past due? It is entirely possible that you were sued when the debt was past the statute of limitations, and if so, you have a better chance of getting this thrown out.
@Ohio Gal - I'm definitely wanting to fight this, bc I don't thi
@Ohio Gal - I'm definitely wanting to fight this, bc I don't think it's the correct amount.
@skydivr - I'm in NC and it was in (early) 2007.
The poster went to court and didnt object when given the opportu
The poster went to court and didnt object when given the opportunity. It is too late to motion to have this set aside. I believe repo's come under the UCC 4 year SOL. NC SOL on prom notes is 5 years, so more than likely it was within SOL. She could appeal but that is going to cost$$
The amount of the debt is going to be higher due to interest, repo fees and court and legal costs.
Judgement interest rates in NC is 10%. How did they get 50%. Is that written into the judgment? If not, it would be the state limit of 10%
DVing the debt now would only get you a copy of the judgment...
