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Car Repo from Old Debt Collector Please Help!


yescats
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I'm in Florida. I've had a lien put on my car for years from Hiday and Ricci for an old 1999 default judgment. The debt is now 16k. The car is worth 13k. Well, I finally paid off the car. Now they are trying to serve me to repossess the car. They haven't been able to successfully serve me yet.

 

I can get an affidavit from the person they claimed they served in 1999 that they never did proper service and maybe try to get the judgment set aside. But that was a long time ago. I think Florida only gives a $1000 exemption but I might be able to claim an extra $4000 if I remember correctly.

 

Any ideas what can be done?

 

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About the only thing you can do is motion to set aside judgement, include the affidavidt from the person they say was served.  It is such an old judgement, it probably wont work.  About the only other thing you could do if that fails is try to negoticiate a settlement with them.  They would much rather get funds in cash than have to sell a car.  It is better if you could do it in a one lump payment.  Offer 20% and go up from there.  Since it is a judgement, they may stand firm on 60% or higher (closer to 80%), but you never know.  Of coarse that isn't going to work if you don't or can't get any funds together.

 

Why didn't you try to get it set aside when you first learned of the judgement?  Read your rules, if you just found out about it, some courts say it is 1 year after you learn of it.  Also, make sure the judgement is good, some states require they renew the judgement after 5 years, or 10 years.  If they didn't or if they were late, you may have some recoarse there.

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About the only thing you can do is motion to set aside judgement, include the affidavidt from the person they say was served.  It is such an old judgement, it probably wont work.  About the only other thing you could do if that fails is try to negoticiate a settlement with them.  They would much rather get funds in cash than have to sell a car.  It is better if you could do it in a one lump payment.  Offer 20% and go up from there.  Since it is a judgement, they may stand firm on 60% or higher (closer to 80%), but you never know.  Of coarse that isn't going to work if you don't or can't get any funds together.

 

Why didn't you try to get it set aside when you first learned of the judgement?  Read your rules, if you just found out about it, some courts say it is 1 year after you learn of it.  Also, make sure the judgement is good, some states require they renew the judgement after 5 years, or 10 years.  If they didn't or if they were late, you may have some recoarse there.

 

Thanks so much for the reply. I've updated the post with more info. See below.....

 

 

I'm in Florida. I had a lien put on my car four years ago from Hiday and Ricci (also Gerard Services assignee of First Select) for an old 1999 default judgment. The debt was 6k but with 10% interest is now 16k. The car is worth 13k. Well, I finally paid off the loan on the car. Now they just repossessed the car by Sheriff's levy.

 

Maybe I can get the judgment set aside? I can get an affidavit from the person they claimed they served in 1999 that they never did proper service and maybe try to get the judgment set aside. I can't find out from them who the original creditor was but I did request validation of all my accounts by certified mail back then. I was hit by identity theft so I did what I was told. I also had my driver's license flagged by the Attorney Generals office. Back then our local police were referring these cases to them.

 

But that was a long time ago. As far as exemptions go I think Florida only gives a $1000 exemption but I might be able to claim an extra $4000 if I remember correctly. Also I can't find that they filed a judgment lien certificate either.

 

Any ideas what can be done? Sorry I'm sort of reposting. I just got more information so I'm updating my original post.

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pull out and read FL statutes on repossession.  I would file a motion to vacate on monday, The worst that could happen is it will be denied.  Keep track of everything they send you.  In my state they have to send you a letter with a right to cure, followed by a letter saying they are selling the vehicle, and giving the date and time where it will be sold.  (usually at an auction) (so you can observe proceedings, making sure it was fair) Then they have to send you an itemized statement of how much they got for the car, how much you still owe if any, or if it sold for more than the judgement a refund check.

FL laws may be different, so I would look those up.

I would also go to the court requesting any and all records of that case.

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I have no idea what you need to legally, but do whatever you can to keep them from selling your car. It might be worth 13k to you, but probably not to them. They will run it through an auto auction and take whatever they can get. So if they sell it for 5K, 6K, 7K or any other amount you will be responsible for the balance. It is very rare for a repossessed vehicle to ever bring what you might get selling it yourself. I would check the Fl laws to see how much time you have before they sell it. 

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Go here http://www.kbb.com/  and click on "whats my car worth", I plan to trade it. The value here will be at the higher end of what they will get at auction. It could be much less and they will probably not even get it detailed before they sell it. Florida auctions are notorious for having some of the lowest prices. They will have to disclose it as a repo and that will make it worth even less. 

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http://myfloridalegal.com/pages.nsf/main/9707bb48d49ce38985256cc9004e3ee5!opendocument

 

 

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0319/Sections/0319.28.html

 

 

(B)In case of repossession of a motor vehicle or mobile home pursuant to the terms of a security agreement or similar instrument, an affidavit by the party to whom possession has passed stating that the vehicle or mobile home was repossessed upon default in the terms of the security agreement or other instrument shall be considered satisfactory proof of ownership and right of possession. At least 5 days prior to selling the repossessed vehicle, any subsequent lienholder named in the last issued certificate of title shall be sent notice of the repossession by certified mail, on a form prescribed by the department. If such notice is given and no written protest to the department is presented by a subsequent lienholder within 15 days after the date on which the notice was mailed, the certificate of title shall be issued showing no liens. If the former owner or any subsequent lienholder files a written protest under oath within such 15-day period, the department shall not issue the certificate of title for 10 days thereafter. If within the 10-day period no injunction or other order of a court of competent jurisdiction has been served on the department commanding it not to deliver the certificate of title, the department shall deliver the certificate of title to the applicant or as may otherwise be directed in the application showing no other liens than those shown in the application. Any lienholder who has repossessed a vehicle in this state in compliance with the provisions of this section must apply to a tax collector’s office in this state or to the department for a certificate of title pursuant to s. 319.323. Proof of the required notice to subsequent lienholders shall be submitted together with regular title fees. Any person found guilty of violating any requirements of this paragraph shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s.775.083, or s. 775.084.

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  • 2 weeks later...

Actually, I don't think that the notice requirements, etc. concerning a repossession will apply here.  This is an asset seizure subject to a judgment lien.  It might be possible to have the judgment set aside, but I would guess that would be an uphill battle considering the amount of time that has elapsed.

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