debt

Is this a collection agency? They can file a lawsuit, if that's what they mean by "come after" you, but usually if you are making regular payments, that isn't too likely. Even if they did, you could show the judge that you are making payments, and he would likely tell them to work it out with you.

They aren't a collection agency they are the company that I have the debt with. I thought I was right that if you are paying they can't really do much. I wonder if I am allowed to say that to them, that I am paying what I can and monthly and not get into trouble. I have been really nice to this company and they are really being mean to me. It's not like I am not paying anything at all. I write them checks and they cash them so I have proof that they are getting paid.

Hi Pauline, what state are you in, and what type of debt is this?

Illinois it was a voluntary repo.

Welcome to the Community :D I may be wrong, but I thought that in some contracts that there was a clause that said they could, at anytime, call for the balance in full?

How long have you been making payments to them? I would think that a judge,even if they could call it in full, wouldn't be real happy with them, if they were to do this.

Let us know what happens, maybe someone with this experience will come along and give you some info..karen

Has the vehicle been sold? Were you informed of the deficiency? Was a payment plan set up in writing to pay off the deficiency?

Sorry....also, How were you informed of the defieciency?

Yes, the vehicle was sold and we got it in writting. The playment plan was done over the phone and recorded by their company. I have been making payments for 11 months now.
I am not the only one this company is doing this too I just found out someone close to me is going threw the same thing. What can I do?

Were you sent the payment plan agreement? What does it say? Anything about accelerating payments at their discretion?

No I wasn't sent anything about payments. They were supposed to and didn't.
I am screwed huh?

Just seeing what I could find on Repo's in IL. I pulled this from:

http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_Content&contentID=293#statutes

Maybe something there under defenses can help you fight this.

not much in there helps me. I know it took them 2 months to come get the car when I called and said I couldn't afford it any more. I know people who have had repos that weren't voluntary and they don't go thew any of this stuff. I was being honest by giving it back because I couldn't afford it and I have had to deal with these people over a year now.

A couple things you can look at:

How much did you owe vs. Bluebook at the time vs. what they sold it for and how notice of sale was givin

I owed 13,000 and it was sold for 4,000+ can remember the total the kelly blue book said it was worth 6,000+. They said we owed ove 8,000 and I gave them 1500 when we set up the payment plan

Anything wrong with the car at the time of sale? Body damage, missing hub caps, etc? Just spit ballin' at this point.

Nope it was a great car we just couldn't afford it at the time that time we had new baby on the way. I never got a paper of the total they sold it for I just went off what I owed and the balance remaining. Thanks for trying to help me it's been very stressful.

You might try and see if you can get a naca.net attorney or check out this link and see if someone can review your documents and see if they can assist. Sorry I couldn't be more helpful:

http://www.illinoislegalaid.org/