kekenc

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About kekenc

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core_pfieldgroups_99

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  • Occupation
    Housing Manager

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  • Location
    North Carolina
  1. I'm sorry about the state, I live in North Carolina. I did find out today from the clerk of court that they overlooked my answer and the judgement should not have been entered and she will resubmit it. I asked what would happen next and she said it would go before a judge. I was thinking that maybe the collection agency would not pursue going to court, what do you think and I was also wondering what do I have to lose if we do go to court and they win. They will just file for a notice of right to have exemptions designated. They did that yesterday but that will be withheld now until after we go to court. They entered judgement to pay money over, but I dont have any money and in NC they can't garnish your wages. I dont own anything. I rent a home and I dont have a car. I do have a few household items,but nothing over $500 total. So I need to know what else they could possibly do to me before I go to court.
  2. I had a car repossed in 2001. A collection agency contacted me and then later they filed a civil judgement. I filed an answer with the court because I have several counterclaims against the car finance company. I never heard anything back from the collection agency. Later I received a letter stating that the judge gave them the judgement because I did not answer. I did answer, I turned in an answer to the court. I think I was also supppose to file an answer with the plantiff which is the collection agency. I have not received anything else and I didnt try to fight this anymore. Today I received a letter about non-exempt assets. I dont own any property nor vehicles. Should I try to make payment arrangements now or should I just do nothing since they can't take much from me, or should I find out why the judge gave them a judgement.
  3. I was issued a civil summons. At first I was very confused and I didnt know what to do. So I filed an answer to the courts. I did not hear anything from them for about 6 mos. I assumed that they backed down from it. It appears that they were waiting to also serve a civil summons on my cosigner. (AUTO REPOSSESION) My cosigner(grandmother) whom resides in another state was served summons last month. I called to find out why were we both served, when I filed my answer six months ago. I did not send copies to the attorney, I just filed to the court. I assumed that was all I had to do. Yesterday, I received a letter from the attorney stating a default judgement against me. The default judgement from the courts state that I did not file an answer. But I did file one with the courts. Is there anything I can do about this? Then again I was just thinking that maybe I should leave it alone. In my answer i had 6 complaints which were, #1. the vehicle was not sold in a commerically reasonable manner ( U.C.C Article 9.9) the book value was $9900 and they sold the car $2700. #2 The cosigner was never notified about deliquency and was not even the opportunity to catch payment up. #3 The cobuyer was not given the opportunity for reinstatement after repossession. #4 Dealership fraud-income verification was never provided by me to the dealership. The bad thing about all of this is I only owed $200 when they repossed the car. It was one month going on the second month behind. I made arrangements to pay $800 but I only had $600, so I sent the $600 and two weeks later they repossed my car. Sorry so long, what do you think
  4. I was issued a civil summons. At first I was very confused and I didnt know what to do. So I filed an answer to the courts. I did not hear anything from them for about 6 mos. I assumed that they backed down from it. It appears that they were waiting to also serve a civil summons on my cosigner. (AUTO REPOSSESION) My cosigner(grandmother) whom resides in another state was served summons last month. I called to find out why were we both served, when I filed my answer six months ago. I did not send copies to the attorney, I just filed to the court. I assumed that was all I had to do. Yesterday, I received a letter from the attorney stating a default judgement against me. The default judgement from the courts state that I did not file an answer. But I did file one with the courts. Is there anything I can do about this? Then again I was just thinking that maybe I should leave it alone. In my answer i had 6 complaints which were, #1. the vehicle was not sold in a commerically reasonable manner ( U.C.C Article 9.9) the book value was $9900 and they sold the car $2700. #2 The cosigner was never notified about deliquency and was not even the opportunity to catch payment up. #3 The cobuyer was not given the opportunity for reinstatement after repossession. #4 Dealership fraud-income verification was never provided by me to the dealership. The bad thing about all of this is I only owed $200 when they repossed the car. It was one month going on the second month behind. I made arrangements to pay $800 but I only had $600, so I sent the $600 and two weeks later they repossed my car. Sorry so long, what do you think
  5. I received a civil summons from a CA about a repossession, I have since found out that there is really nothing much they can do to me. In the state of NC they cant garnish wages, but they can file a judgement and that will be with me for about 10 years. So my question to you all is, I'm thinking about suing them myself because I feel as though the sale of my car was not done in a "commercially reasonable manner" and that is in the UCC Code, it basically says that they must sell the car at least at fair market value. The blue book value was $7800, they sold for $2700, I feel as though I have a claim against them. Does anyone know anything about this UCC code and where can I go to find out about this? I dont want to pay for an attorney if I can get enough to back this UCC thing, then I will represent myself if I think I could win. Any advice, greatly appreciated. This board is great, I love it......
  6. Does anyone have any idea if I can find out about lender fraud? Can a auto dealership/lender approve you for a vehicle without getting proof of income. I read an article about aggressive lending, meaning that lenders are committing fraud by giving loans to credit risk people. I have a situation and I need to know if there is a website where I can find out if they are required to get this verification before they can give you a loan.
  7. Hi, thanks for responding, from doing alot of research, I found out that they must sell the car in a commercially reasonable manner meaning the fair market value and they sold the car for $2200, that was really below the value, it was a 98, with only about 80000 miles and the fair market value on the care is $7200, so maybe I can use this as a claim, I'm can of afraid to try to handle this myself, because I can't find the specific laws to support my claim. Only general terms, so I may try to consult with an attorney. But what can they do to me, can the garnish my wages, I thought only IRS and Student Loans could garnish your wages. Also another counterclaim for me could be, I was the cobuyer but I had the car all the time and made the payment, when the buyer( my grandmother) found out about the repo. she tried to call them and get the car herself but they wanted her to pay full price, she was never given the opportunity to catch up the payments, now get this the car was only 1/2 month behind with a payment coming due. Also when we got the car, I was still in college with no job and the auto dealer put my grandmother name as buyer and me as cobuyer but it was my car and on top of that we never had to provide proof of income to them, they just wanted to really sell a car, so that may be another claim to. Anyone does anyone know anything about these claims that I'm speaking about. Thanks alot.
  8. I received a civil summons today from an attorney that was chosen by a collection agency on a repossession. I dont know what to do. I dont have to appear in court, I have to serve a copy of my written answer to there complaint. What type answer do i provide? They did send me a copy of a signed contract, so validation is out. What do they want me to say? Also, I didnt think they could do anything if you can't pay the money, its over $12,000, and I dont have that. Its already on my credit report, what more can they do? Someone please give me some much needed advice. Thanks