car was illegally repossessed and judgment was passed against me, what options do I have?

[Anonymous]

Back in 2004, I had switched careers and my creditor was made aware of the change in employment. When they called to confirm, I told them I was caring for a sick parent and had taken an hiatus from employment but that I would have all my payments in on time. The "nice lady" on the phone told me if it would help, they would be happy to defer my next two months payments to the end of lease for my car and I would just owe more interest on them at the end. I said that would be great. And after two months continued my regular payments. I called in october to confirm that I was up to date on everything and was told I was and just novemebers would be due in the next month. November 4 my car was repossessed. As I didn't have the money to pay the remainder in full, they told me they would sell it and I would owe the remainder. It ended up being $5,000. I was then taken to court and when I tried to explain to the judge that my car shouldn't have been taken in the first place, he ruled against me with interest on the debt. I have no idea what to do at this point as I am not a SAHM and have no income coming in. They are calling me constantly for debt collection. I am scared and mad and wanted to see if anyone knew a way to request an appeal so I can try to explain myself to a different judge maybe? or what my options are with this debt? Thanks in advance.

[Anonymous]

As I am at SAHM sorry not sure why "not" got in there.

[Anonymous]

First, it wasn't illegally repossessed. I'm sure your lease has a provision that the terms can only be altered in writing. You didn't do this so own the mistake and move on.

You're SOL on the judgment. I mean, seriously, it's been almost 10 years, what did you think you could do at this point?

On the debt collectors, you can send them a letter requesting they no longer call you. Alternatively, just don't answer the phone when you see their number come up.

[Anonymous]

Debt isn't legally collectable after a certain timeframe, I think. IANAL.

You should contact a lawyer.

[Anonymous]

Anonymous wrote:Debt isn't legally collectable after a certain timeframe, I think. IANAL.

You should contact a lawyer.

Depends on the state but probably still with in the statute of limitations. In Virginia, for example, it's 20 years.

[Anonymous]

I mean look into what pp said about debt not being collected after a certain time, but really? You had no paperwork or anything regarding the new terms? And then you just let it fester for 10 years? You need to accept some responsibility here too.

[Anonymous]

I hate this phone. Sorry this was not ten years ago, my car was repossessed back in 2013 not sure why it put 2004. I did not know that provisions such as the payment deferment needed to be done in writing though. I will claim responsibility for that. On the phone the lady suggesting it said they were happy to do it and at the end of the conversation she said it was taken care of. I just don't have $5000 lump sum to pay this off. I just had the judgment ruling passed recently. Thanks for your help though. I will call a debt help agency asap.

[Anonymous]

Anonymous wrote:I hate this phone. Sorry this was not ten years ago, my car was repossessed back in 2013 not sure why it put 2004. I did not know that provisions such as the payment deferment needed to be done in writing though. I will claim responsibility for that. On the phone the lady suggesting it said they were happy to do it and at the end of the conversation she said it was taken care of. I just don't have $5000 lump sum to pay this off. I just had the judgment ruling passed recently. Thanks for your help though. I will call a debt help agency asap.

You should be able to set up a payment plan. I know you said you are a SAHM with no income, but where does your money come for housing, food , etc?

[Anonymous]

So you are a SAHM with NO income? Are you divorced? How are you supporting your family? You claim you took a hiatus from work and were changing careers in 2013, but suddenly you're a SAHM?

Seriously, your story is so messed up it's hard to tell what is fact and what is your poor grasp of reality.

[Anonymous]

Anonymous wrote:I hate this phone. Sorry this was not ten years ago, my car was repossessed back in 2013 not sure why it put 2004. I did not know that provisions such as the payment deferment needed to be done in writing though. I will claim responsibility for that. On the phone the lady suggesting it said they were happy to do it and at the end of the conversation she said it was taken care of. I just don't have $5000 lump sum to pay this off. I just had the judgment ruling passed recently. Thanks for your help though. I will call a debt help agency asap.

Careful with that. A lot of them are complete scam ripoffs.

[Anonymous]

Anonymous wrote:I hate this phone. Sorry this was not ten years ago, my car was repossessed back in 2013 not sure why it put 2004. I did not know that provisions such as the payment deferment needed to be done in writing though. I will claim responsibility for that. On the phone the lady suggesting it said they were happy to do it and at the end of the conversation she said it was taken care of. I just don't have $5000 lump sum to pay this off. I just had the judgment ruling passed recently. Thanks for your help though. I will call a debt help agency asap.

That makes a little more sense now. Don't call a debt help agency, most are scams. How much money do you have that you could use for this? If you have more than half the amount, say $3000, I would call up the debt collector and offer to settle for the judgment for that lump sum amount. Most debt collectors pay pennies on the dollar for judgments so they'll probably take the offer. Make sure you document and get the settlement offer in writing before you pay.

[Anonymous]

Anonymous wrote:I hate this phone. Sorry this was not ten years ago, my car was repossessed back in 2013 not sure why it put 2004. I did not know that provisions such as the payment deferment needed to be done in writing though. I will claim responsibility for that. On the phone the lady suggesting it said they were happy to do it and at the end of the conversation she said it was taken care of. I just don't have $5000 lump sum to pay this off. I just had the judgment ruling passed recently. Thanks for your help though. I will call a debt help agency asap.

if you have no income they cannot attach your wages. If you have money in an account with your name on it, they can take that money.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I hate this phone. Sorry this was not ten years ago, my car was repossessed back in 2013 not sure why it put 2004. I did not know that provisions such as the payment deferment needed to be done in writing though. I will claim responsibility for that. On the phone the lady suggesting it said they were happy to do it and at the end of the conversation she said it was taken care of. I just don't have $5000 lump sum to pay this off. I just had the judgment ruling passed recently. Thanks for your help though. I will call a debt help agency asap.

Careful with that. A lot of them are complete scam ripoffs.

+1

[Anonymous]

Anonymous wrote:Debt isn't legally collectable after a certain timeframe, I think. IANAL.

You should contact a lawyer.

This is not a debt anymore. It is a judgment. OP, you had your day in court and you lost. You can no longer say that the car was illegally repossessed. It was not and you owe the judgment unless you appeal and win. As to appeals, I have never seen a deadline longer than 30 days after judgment was entered. If you still have time, you can file whatever appeals are allowable by law. If you are beyond the deadline, the judgment is final and you are on the hook.

As to how long it is enforceable, that is a matter of state laws. But, judgments can be renewed indefinitely. Judgments can be satisfied through garnishment of wages, garnishment of bank accounts, garnishment of property, etc.

Your best bet is to see if you can settle. If you do, be sure you file the proper paperwork with the court to show that the judgment has been satisfied.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Debt isn't legally collectable after a certain timeframe, I think. IANAL.

You should contact a lawyer.

This is not a debt anymore. It is a judgment. OP, you had your day in court and you lost. You can no longer say that the car was illegally repossessed. It was not and you owe the judgment unless you appeal and win. As to appeals, I have never seen a deadline longer than 30 days after judgment was entered. If you still have time, you can file whatever appeals are allowable by law. If you are beyond the deadline, the judgment is final and you are on the hook.

As to how long it is enforceable, that is a matter of state laws. But, judgments can be renewed indefinitely. Judgments can be satisfied through garnishment of wages, garnishment of bank accounts, garnishment of property, etc.

Your best bet is to see if you can settle. If you do, be sure you file the proper paperwork with the court to show that the judgment has been satisfied.

Very good explanation and suggestion.