Judgement on a Repo from 1998

[straycatfra]

Please help

I was wondering if I can get this Vacated. I will try and make this short as I can.

1) Financed a used 93 mini-van in/on 2/11/1998 for $6,767.88, ( Huntington National Bank) still have a copy purchase agreement.

2) 3 months later transmission went out. I brought it to thier dealership on a tow truck. They said that my Chrysler Service Contract Ext. Service ran out. It will cost about $1,300 to repair. Ya right, I alrealdy was struggling at that time. I said you can keep it.

3) In October of 2000 I disputed the repo on my credit report, it was Deleted.

4) Hmmmm.,, in December of 2000 I recieved a letter from Law Offices of Mitchell Kay from NY for Balance Due: $6,787.43.

5) In April of 2003, a different letter from The Sarges Company in CA for a Balance Due: $7,685.61.

6) In August of 2004 a letter from Robert Warner Law Offices in Troy,Mi for $5,513.01

7) August 7, 2006 again from Robert Warner in a different sum of $5,966.70

Note: In August of 2004 he managed to get a judgement for $5,513.01 by Order of Alternate Service even though I was living at that address at that time.

So far he's managed to get a Request & Writ of Garnishment (nonperiodic) on 6-14-07 and he only got about $35 from a small bank account. I just got another letter for Request & Writ for Garnishment ( Income Tax Refund / Credit), its just keep getting better. Well, with the Tax money I owe and back child support. Hey, Robert Warner good luck..lol

Anyways from 1998 to 2004 judgement I think the SOL ran out regardless.

Any help,, please.

Thanks in advance

Tim

[admin]

If your judgment is over a year old....most likely you will not be able to overturn it, due to a time limit on when you can file a motion to vacate. You can check your courts procedures to make sure, but typically, it's 90 days to 2 years in most states.

[merrybucks]

The SOL on judgments is 10 years. I think they cap interest at 20% on a judgment.

[straycatfra]

So, I guess I'm screwed.

[BTO429]

maybe not, go to the court clerks office and get a copy of the docket sheet and review it, look for any thing that is npot correct like did they serve you correctly,

Did they send a notice of redemption rights, a notice of the sale of the vehicle, a statement of the discrepancy amount from the sale.

Find out these things and let us know

[Methuss]

maybe not, go to the court clerks office and get a copy of the docket sheet and review it, look for any thing that is npot correct like did they serve you correctly,

Did they send a notice of redemption rights, a notice of the sale of the vehicle, a statement of the discrepancy amount from the sale.

Find out these things and let us know

The service of the summon defense only can be used up to a point. If OP has known about the judgment for years and done nothing then estoppel comes in and that defense option is lost. You have to be prompt in bringing a procedural problem to the court once you discover it.

Notice of sale, redeption rights, and deficiency amount under the UCC is again a defense you have to voice at the trial. You can't bring it up as a defense years later when you get pounded by garnishment notices and expect the court to be sympathetic.

Now the one defense OP may still have is simple breach of contract against the dealer that sold the vehicle. If they have anywhere in the sales agreement that there was a service contract through chrysler and that term would have covered the transmission failure or you can prove they misrepresented the service contract coverage/term then you may claim the installment contract to be void by breach of the agreement by the seller. You would also have to prove you made some sort of effort to get the vehicle fixed and didn't just throw the keys at them and stomp off in a petulant fit. This is a complex issue and would require litigation in a court of equity to resolve.

[BTO429]

I was just giving him some ideas and a starting point thats all. I am having a similar problem. only the finance company did not give me a chance to redeem it is Indiana law that they have to offer a ten day period in which to redeem. They didnt do that they sold the car the next day because they do their own auctions twice a week.

[straycatfra]

I will do just that, Going down to the court house that is.

All I can rememmber is a judgement letter being sent to me a few years later for the amount. I don't even recall a court date. Anyways, my biggest problem is the Minivan was about $6,500 when I financed it and now I owe more. If the minivan was sitting in thier dearlership at the time, where did it go??? Did they sell it?? hmmmm

Like I said, so much time passed from the repo to the judgement, it's hard right now. I will let you know.