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Vacating a Judgement


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Hi guys! Well I have a few questions, but before I ask, let me give you the history.

In 1998 I received a loan from a bank for a vehicle in the state of WV. I paid the bank as per our agreement until around the beginning of 2001. I had become unemployed and my vehicle was repo'd due to lack of payments. I lived in VA for about 2 months during the period of time I was late on my payments. I moved back to WV with posession of my car and about approx. 1 month after moving back my car was repo'd.

Well, I get my credit report a couple weeks ago, (hey I am young..I should have gotten sooner) and noticed a judgement against me in the state of VA dated Dec. 2002 for the amount of the outstanding loan. I was never served papers due to the fact I didnt live in VA anymore. I am assuming they attempted or served the papers to my old address is VA. However, the bank had to have known I lived in WV simply because the had corresponded with me via mail at my new address in WV after the car was repo'd. So why in the world would they get a judgement against me in a state where obviously they knew I didnt live.

So now I want to attempt to vacate this judgement and I have no clue on where to start or what to do. Any advice as far as what court I need to go to and what I need to do or say to get this started. What grounds do I have (if any) to vacate this judgement.

Any advice would be greatly appreciated. I am just confused and have no idea what to do or where to start.

Thanks,

Adam

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Go over to the Post in this forum titled "Help! Had court today to vacate judgement website mentioned" and read, it should give you some good info on vacating the judgement, there is a ton of other information here as well all over this board. That should get you started.

First step is to call the court where the judgement was rendered and get a FULL copy of the case sent to you. Once you have that you can see what the plantiff stated and how to proceed.

BTW, did they send you the disposition paper work showing what the car was sold for at auction and balance remaining, etc? If not it is likely you do not owe them a penny.

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I'm sorry. UCC is the Uniform Commercial Code. It covers secured transactions (ie: auto loans) and not only states how repos are to be handled, but what creditors are required by law to send you.

You can read up on Article 9 of the UCC (Federal) here:

http://www.law.cornell.edu/ucc/9/

Each state should also have their own "UCC".

It's not an easy read... fair warning... but it does show that the creditor must forward to you documentation regarding the sale of a repo'd vehicle.

Read from section § 9-609. SECURED PARTY'S RIGHT TO TAKE POSSESSION AFTER DEFAULT on down.

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Okay I just read the federal UCC. Under 9-613, it states that they must send a letter of intention as to if they are going to auction, where it will be auctioned, etc. etc. After the repo., I never received any of these, or any other info about my vehicle. Unless it was mailed to the address in VA. So what would I need to do now!

Thanks,

Adam

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If you were not sent the required documentation regarding the sale, then they forfeit all rights to collect on a deficiency and the SOL on a repo in that case is TWO YEARS - you're past that.

So you really DO need to find out if any papers were sent.

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Okay, I called the court where the judgement was entered and I was told to write a letter to the judge. So I am assuming I should write and ask to vacate the judgement. So on what grounds should I cite for the reason the judgement should be vacated? Can I use lack of jurisdiction? Not served properly? Both? Any help would greatly be appreciated.

Thanks,

Adam

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