DownLow Posted April 22, 2010 Report Share Posted April 22, 2010 i'm sorry if this is a question that has been asked in the past. i used the search function and didn't really find the info i need... sorry! Winn Law group sued me in California and they got the default judgment against me. i received a letter from them today requesting information about my car financing records, and have to produce the records in June. i only have about 2 payments left to go on the car. i'm unemployed after being laid off and going to attend nursing school this year. i have nothing else under my name - just the car and the only income i have right now is unemployment.my questions: 1. does the document they sent today mean they want to take my car away to pay off the debt? i don't know exactly what my car is worth, but it is worth more than the debt. 2. i am going to file for bankruptcy soon - will that stop everything (further collections, legal stuff etc.)?i'm very scared and will be talking to a bankruptcy lawyer soon... but wondering if anyone could give me any insight on this or if anyone has gone through this i would really appreciate hearing your experience.thank you :( Link to comment Share on other sites More sharing options...
goodguy2 Posted April 22, 2010 Report Share Posted April 22, 2010 i'm sorry if this is a question that has been asked in the past. i used the search function and didn't really find the info i need... sorry! Winn Law group sued me in California and they got the default judgment against me. i received a letter from them today requesting information about my car financing records, and have to produce the records in June. i only have about 2 payments left to go on the car. i'm unemployed after being laid off and going to attend nursing school this year. i have nothing else under my name - just the car and the only income i have right now is unemployment.my questions: 1. does the document they sent today mean they want to take my car away to pay off the debt? i don't know exactly what my car is worth, but it is worth more than the debt. 2. i am going to file for bankruptcy soon - will that stop everything (further collections, legal stuff etc.)?i'm very scared and will be talking to a bankruptcy lawyer soon... but wondering if anyone could give me any insight on this or if anyone has gone through this i would really appreciate hearing your experience.thank you :(1 PROBABLY2 YES BUT DON'T FILE UNTIL YOU ABSOLUTELY HAVE TO Link to comment Share on other sites More sharing options...
DownLow Posted April 22, 2010 Author Report Share Posted April 22, 2010 thanks for replying! i absolutely have to file bankruptcy... i'm drowning Link to comment Share on other sites More sharing options...
poorbloke Posted April 22, 2010 Report Share Posted April 22, 2010 can they take the car? i thought they could only put a lean on it so if you went to sell it later you'd have title problems? Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 23, 2010 Report Share Posted April 23, 2010 Yep, they can take the car. And if you have a car with only 2 payments left and is worth more than the debt it is a very appealing car to take. Just file your bk quickly and get it out of the way. Link to comment Share on other sites More sharing options...
Denita Posted April 23, 2010 Report Share Posted April 23, 2010 Yep, they can take the car. And if you have a car with only 2 payments left and is worth more than the debt it is a very appealing car to take. Just file your bk quickly and get it out of the way.+1. Your car is easy pickings. check your states' exemptions to make sure you won't lose it in the BK too. check this link www.legalconsumer.com Link to comment Share on other sites More sharing options...
Big Time Posted April 23, 2010 Report Share Posted April 23, 2010 (edited) There is, I believe, a $1500 judgement exemption in Cali for cars, but I'm guessing the equity is worth much more than that.Winn and his cronies are all sociopaths, so they will definitely try to cash in, even if you only have two payments left.I was in such a situation many years ago, so I started parking my truck three blocks away as a way to stall until I could catch up. You may want to try something like that for now, but they will eventually summons you to court for 'replevin' and can put you in jail if you don't reveal the car's location or bring it with you.In some states, the judgement creditor has to bring the judgement to the Sheriff to carry out the repossession, but they may just be able to hire a repo company out in Cali if they present the proper paperwork.If this were me, and I had high hopes of being able to pay the car off soon and could effectively hide it and defend myself in court (ie bring enough cash to pay off the note to court with me in the event of a replevin type hearing) then I would send Winnie certified mail letting them know that I plan on paying off the vehicle and keeping it, and reminding him that I have the right to use deadly force against anyone who trespasses in my home or tries to take my property, and CC that letter to the local sherrif or city police.Keep in mind that I get fussed at on here sometimes for being kind of a neurotic, but neither a judgement creditor or a reposessor has Police power; they just act like they do and it pisses me off.Like I said earlier, Winnie the Prick and his band of thugs don't really give a damn if anyone gets shot and killed, or if you commit suicide, as long as they get paid. However, if you notify them of your Constitutional right to protect what's yours (the vehicle is technically your property, the bank just has a lien on it) and some repo guy does get hurt, and WinnDixie had knowledge of your intent protect what is yours, they may be held liable. Money is all they care about, donachaknow.Don't actually threaten to shoot anyone or act angry or insane and don't be intimidated by any calls or visits from the Police after they get a copy of the letter because they don't care who is right or wrong, they just want to keep the peace and repossessions must be peaceful.You also need not worry about any letters balking at you from Winn or lose, either. It's all just posturing as if a judgement gives them a title of Nobility. Edited April 23, 2010 by Big Time Link to comment Share on other sites More sharing options...
Big Time Posted April 23, 2010 Report Share Posted April 23, 2010 You know what? I got a little confused there. I was thinking they got a judgement for the defiecency you owe on the car, but they got a judgement for something different, didn;t they?Most of what I said still makes sense, but you need to bring enough money to pay off the judgement so they won;t make you tell them where the car is instead of bringing the payoff for the car.sorry. I told you I was a little neurotic. Link to comment Share on other sites More sharing options...
DownLow Posted April 26, 2010 Author Report Share Posted April 26, 2010 yes, the judgment was for credit card debt. sorry for the confusion.a little confused... does this mean they can try to come take the car BEFORE that June deadline on the documents they sent? or am i ok until after that deadline passes? Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 26, 2010 Report Share Posted April 26, 2010 Yes, they can try and take your car before the June deadline passes, but my guess is they sent you the information subpoena because they do not know if you have an attachable asset yet, such as a vehicle with only 2 payments that is worth more than the debt itself. Link to comment Share on other sites More sharing options...
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