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Hi all,
In 2006 I did a voluntary reposession on a vehicle I had just purchased in Dec, 2005. I defaulted on the loan due to my live in b/f skipping town. He took cash advances on my credit cards (I couldn't dispute them because he had cards issued in his name) and the loss of my income meant that I couldn't afford the payments. I also had just purchased a house a year prior.
It took them over a month to come and get the vehicle after I contacted them. (Wachovia Dealer Services or "WFS Financial)
They finally came to get it after many harassing phone calls on their part. I set up a payment agreement with them in August 2006, I agreed to pay them $135 a month. They told me that in a year they "hardship agreement" would be re-evaluated. I made the last payment in August 2007. I had never heard anything from them, and I really was struggling with my bills.
I think I have gotten one notice from them in the last year. Until yesterday when I got served a summons by the Sheriff's office.

The Summons says that I have 20 days to file a "written defense" (me or an atty on my behalf). I just would like to know if it's best for me to try to get an atty, or where and how I file the forms myself if I don't really need one.

The amount of the debt is over $23,000. I bought another used vehicle in April of this year because I started working a part time job. My mortgage payment is over $1000 mo. After my ex left I was thrown into a financial tail spin. My credit cards are all maxed out now, and I can only make the minimum payments on them as it is.I also have begun the process to get gastric bypass surgery for health reasons. If my wages are significantly garnished I will for sure not be able to afford to pay my credit card payments, and I risk losing my house as well. I am working 70-80 hours a week now, I really don't see any way to increase my income any more.

I also wanted to know if, as a creditor, do they have any type of responsibility to give credit to people who can afford the payments. During the period when I was trying to get them to come and get the vehicle I was asked by several of the people I talked to if I had lied on my credit application about the amount of my income. I did NOT lie. Between the car dealer and the loan company they just didn't care. I realize I was not forced to sign the loan. I realize I am responsible for my debt. I just don't feel that it's fair for me to bear the full load of responsiblity here. Is there any recourse for me here as a consumer that may not have been treated fairly?

Thank you!

Sub: #1 posted on Fri, 08/22/2008 - 19:49


Was the car sold after they took it back?

Did they provide you with any info on how much they got for the Car after it was sold?

They can only come after you for the amount that was left after the sale of the car.

Also what state do you live in?

Sub: #2 posted on Fri, 08/22/2008 - 20:47


Sorry, I am in KY. And yes, they sold the vehicle at auction for $18000.

Sub: #3 posted on Sun, 08/24/2008 - 22:11

im4cops im4cops

(Posts: 1 | Credits: )


ok, so the debt is $23000 now, or it was $23000 at the time you gave the car back?

If it was $23K back then, then it is less than that now. When they sell the car at auction, they apply that amount that they got for the sale to your total debt. That would subtract $18K off of the debt, leaving $5K plus any other fees or interest.

I know that isnt a complete answer, but hopefully it will help to take some of the burden off that the numbers can give you. Also, was this a joint account with the ex, or was the car loan only in your name?

Sub: #4 posted on Mon, 08/25/2008 - 12:20

skydivr7673 skydivr7673
Moderators Cum Industry Expert
(Posts: 2037 | Credits: )

The 23,000 was what I owed AFTER they auctioned it for 18k. His name was not on anything. I understand why they are suing me, I understand the amounts. What I need to know is how to I respond to the summons, and what are my chances of being able to have some control over the amount they will set the garnishment of my wages for.

Sub: #5 posted on Tue, 08/26/2008 - 06:23


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