Auto Repo Hell Posted October 27, 2009 Report Share Posted October 27, 2009 1. Who is suing you?Coastal Credit, LLC.2. For how much?~$3,0003. Who is the original creditor?Same.4. How do you know you are being sued?Received summons.5. How were you served? Were you served?Personal service.6. What was your correspondence (if any) with the people suing you before you think you were being sued?Certified letters from them explaining they repo'd the car and then stating the car was sold and the debt amount.7. Where do you live?Wyoming8. When is the last time you paid on this account?August 20099. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily).Filed.10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)No.11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.No12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Here is an example of what the summons/complaint may look like: http://www.creditinfocenter.com/lega...een-sued.shtmlYes to the summons, no to the interrogatory.13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?Copy of original contract.14. What is the SOL on the debt? To find out: Doesn't really matter. We're still within it.Okay, I posted about these clowns before and didn't get much in the way of advice. Hopefully, you guys can help me out here.Essentials to know:They did not provide proper notification regarding the sale of the vehicle. (The notice they provided was not accurate per the contract.)They did not return a majority of my stuff, per the UCC.They have engaged in harrassment.Also, the bottom gives the mini-miranda, then states that an attorney loan is claimed...It says:Coastal credit claims that you, XXX XXX (NOT MY NAME OR THE NAME OF THEIR LAWYER) are indebted to it in the amount of $XXX. Unless you disputed the validity...etc, etc, etc....Is this another mistake?Things I can prove:They repeatedly came to my house during the evening and left threatening notes.They repeatedly called my job after being told that it could get me fired.Their first letter after the repo states that they found no personal possessions in my vehicle, but they did later return a few to me.What's my course of action here? Do I counter sue? On what grounds? Link to comment Share on other sites More sharing options...
unusualsuspect Posted October 28, 2009 Report Share Posted October 28, 2009 Answer the complaint first of all. If you fail to do so, then they will get a default judgment against you and yes, garnish wages.Since you are being sued by the OC, they do not have to abide by the FDCPA, such as calling between 8am - 9pm. I'm not too sure about coming to the door... there could be some other state statute covering this. As far as possessions, you could counterclaim for the value of stuff in the car, but you'll need to have some sort of documentation regarding those possessions.If you feel compelled to recover $$ for the possessions in the car, you may have to file suit against the repo company. Link to comment Share on other sites More sharing options...
Auto Repo Hell Posted November 12, 2009 Author Report Share Posted November 12, 2009 So, I did write an answer and counterclaim.Essentially, there were around $1500 worth of possessions in the vehicle, so I counterclaimed for those plus asked for $1,000 in punitive damages. (I didn't site laws...there is nothing I could find giving damages under the UCC.)I did verify that the repossessor is directly employed by these clowns. I also denied that their accounting was correct and that their notice did not meet their own contract's standards.I've noticed that this lawyer has never won a case where a proper answer was filed. (By proper, I mean calling the facts into question. He has won summary judgement against people whose only response was, "I lost my job.") I also noted that they have only been countersued once, and the countersuit basically was claiming that Credit people breached their contract to pay the defendant. Obviously, that went nowhere.Now, I think that I will probably still lose, but I am concerned about mitigating the damage. They have asked for 21% interest, which I can't see them getting....My state allows prime rate + 5% on the day of judgement, so that's like MAYBE 9%. Where do you find information on judgements and garnishments by state? I can't find anything about Wyoming's laws.Also, any advice anyone has relating to discovery and interrogatories (which I'm thinking they will forego, but I want to be prepared), please let me know. Link to comment Share on other sites More sharing options...
kadesdad07 Posted November 12, 2009 Report Share Posted November 12, 2009 Here is a link that may helphttp://www.lawdog.com/states/wy/repo.htm Link to comment Share on other sites More sharing options...
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