BeatingMS Posted December 14, 2008 Report Share Posted December 14, 2008 Background...husband co-signed w/ daughter on her car...it was repo'ed...a law firm got a judgement against her after a year or two. Our credit was trashed anyway and we were basically judgement proof. Now we have some one else maybe a JDB or it is a legitimate law firm coming after both hubby and daughter again. Can they really do that? Come after the co-signer after a judgement has been entered against the primary. They are also going after my daughter which was the primary. That makes me think they are a JDB. I am so totally confused. Link to comment Share on other sites More sharing options...
nascar Posted December 14, 2008 Report Share Posted December 14, 2008 Are they trying to recover the first unpaid judgment or are they threatening to sue you a second time? Link to comment Share on other sites More sharing options...
BeatingMS Posted December 15, 2008 Author Report Share Posted December 15, 2008 It looks like they are trying to collect on the original debt but I am not sure. It is the standard "we are trying to collect a debt letter" but the amount is about 1k higher. She said she was actually served at work by a police officer. She did not appear in court and allowed FMC to get a default judgement. There are no judgements from FMC on my husband's CR. She came over today but she could not remember any of her passwords (they're at work) and I will run copies of her CR's tomorrow and let you know.Thanx Link to comment Share on other sites More sharing options...
BeatingMS Posted December 17, 2008 Author Report Share Posted December 17, 2008 Okay, something just doesn't make sense to me. Daughter says they served her with her real official like with a summons for the very next day. Now I can't find anything on her CR's. What the devil is going on! Link to comment Share on other sites More sharing options...
nascar Posted December 17, 2008 Report Share Posted December 17, 2008 I would like to help you out but you haven't really given much to go on. There can be a couple of scenarios at work here. It's entirely possible that another collector could be suing you for the same debt - it wouldn't be the first time that has happened - or - a JDB/judgment creditor could be attempting to enforce collection of the original judgment. Some post-judgment recovery methods have the look and feel of a lawsuit when it really isn't. The big difference is, if you're being summoned into court regarding a judgment and you don't show, you could wind up in contempt. You need to look real closely at what's going on and figure out what's what. Go see a lawyer if you need to, but don't waste too much more time. Link to comment Share on other sites More sharing options...
LadynRed Posted December 18, 2008 Report Share Posted December 18, 2008 You also must understand that a judgment accrues statutory interest at a rate that's set by state law. So, as long as the judgment remains unpaid, the balance is GROWING due to interest. Since it was a repo, the judgment would also include ALL the fees from the repo and subsequent sale of the vehicle, plus all court costs and attorney's fees - that can add up to $1000 and more !They can't sue you twice for the same debt - my bet is on someone out to enforce collection of the judgment. Link to comment Share on other sites More sharing options...
Recommended Posts