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Hyundai Horror/SRA Assoc

Submitted by meanjean on Thu, 03/28/2013 - 16:17
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My ex-boyfriend, who's been in Chap 13 BK since before I met him, 2 yrs ago, induced me into signing a car lease for "us" so that we could have transportation. I don't drive and have no car.


He managed to get 4 DUI's, and the car was impounded then repossessed by Hyundai.


It was sold and I am stuck with the difference between sale price and value. $7880. I sent them 3 $100 payments since January, which they accepted then they sent a collection agency after me for the full amount. Funny enough, it was SRA Assoc. and I found your forum after searching on them.


I sent a C&D letter and also explained I was making good faith payments which were accepted and to cease contacting me.



I just sent Hyundai Motor Finance $400 from my tax refund. My question is, can they still attempt to sue me through collections even though they are accepting payments and not demanding more per month or anything? I guess there's no suing for 3rd party harrassment, is there??


Don't yell at me, I was in love and thought we had a future together. HA! Of course, my credit is totally ruined and I don't care anymore.

Any advice out there? I am trying to send them a bit more but have other bills to pay. I have a horror of being sued even though I'm making payments and have given them $700 so far since January.





Hyundai might sue you all by themselves or they can assign/sell the debt to a 3rd party CA. You can get sued by either party depending on which party has the collection rights on the debt. Your payments are being accepted so its a good sign.


Steve when are you gonna learn the basics of collections??
Payments being accepted means nothing....payments are processed by the accounting department or payment processing center. They are not collectors and simply credit the account..they do not read notes or even care what the status of the account is. The truth is you can be sued at anytime with a deficiency balance. \
Secondly, CA's CANNOT sue. The account would have to be assigned to a law office.


Submitted by SOAPLADY on Sat, 03/30/2013 - 09:06

SOAPLADY

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Yeah, I know. Thanks, now more depressed then ever.

I live in Hollywood CA. I have no property or assets.

Anymore good news??


Submitted by on Fri, 03/29/2013 - 09:32

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She's right. Hyundai has their own atty and can go through him if they wish. I already sued them once on a violation. They will be very careful how to handle this one and will do everything by the book.


Submitted by meanjean on Sat, 03/30/2013 - 10:48

meanjean

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Hyundai might sue you all by themselves or they can assign/sell the debt to a 3rd party CA. You can get sued by either party depending on which party has the collection rights on the debt. Your payments are being accepted so its a good sign.
Some creditors sue debtors even if they are paying in order to speed the process up and make sure all escape routes are blocked. A judgment will enable them to garnish your wages (depending on which state you reside in), levy your bank account and put a lien on your property.


Submitted by Steve Barris on Thu, 03/28/2013 - 21:06

Steve Barris

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That's true, but they will still get only payments even if a little more. I'm considering Chap 7 BK at this point.

Thanks for your answer, depressing though it was:)


Submitted by meanjean on Fri, 03/29/2013 - 15:50

meanjean

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