Jump to content

Need help understanding the case summary for a judgement against me Newbie


Rasheedab
 Share

Recommended Posts

I have a judgement entered against me for a deficiency balance on an auto I surrendered.  I did not receive service and did not know about the judgement until 2012 when I ordered my credit report.  At the time I was pretty much destitute and had no means of even trying to unravel this mess.  I was now trying to see what was the best way to get this PR off my credit report and would most like to settle for less than the balance especially since this has been accumulating interest since 03/2010. In looking into this, what I read said to first look for reasons to vacate this judgement.  I am wondering if I have grounds to vacate based on improper service as I was never served.  I moved out of state immediately after surrendering this auto which is why I believe I was never served.  My mother still lives in IL so I have asked her to go and get copies of all documents pertaining to this case but in the meantime I have pulled the case summary online. Case Activity is as follows:

 

10/19/2009 Detinue Complaint filed - This confuses me because I believe they already had the vehicle back at this point

11/13/2009 Summons Returned - N.S Reason: No Contact

11/17/2009 Alias summons issued and Returnable

11/17/2009 Appoint Special Deputy - Allowed

12/15/2009 Execute or Perform- Allowed -  I have no idea what this means as it pertains to the case;  does this imply that there was process service?

12/15/2009 Judgement for plaintiff

12/15/2009 Continuance-allowed

12/15/2009 Order Final and Appealable

12/15/2009 Order for Possession - again, they already had the vehicle

01/19/2010 Continuance- Allowed

02/23/2010 Continuance- Allowed

03/12/2010 Certificate of Mailing Filed

03/12/2010 Exhibits Filed

03/12/2010 NoticeofMotionFiled

03/12/2010 Motion Filed

03/23/2010 Assess Costs - Allowed

03/23/2010 Judgement for plantiff

03/23/2010 Order Final and Appealable

 

Twice during this case it has said Judgement for Plaintiff and Order Final and Appealable and I am unsure why.  If they were unable to serve me does that mean that they showed due diligence in trying to serve me so the case was allowed to continue or does this mean they manufactured some type of service and it should be in the court file? I never received any notice of the sale of the vehicle so that means I didn't have the opportunity to redeem the vehicle.  I also don't have any records of sale to have proof that the deficiency balance is calculated correctly. I am completely green but does this look like getting a motion to vacate would be a long shot?  My best case scenario wish is that filing this would prompt the creditor to agree to settle for less than full payment that removes the years or interest that have accumulated and a satisfaction of judgement or having the original creditor file to withdraw the judgement so that it doesn't remain on my credit report for years and years after payment.

Link to comment
Share on other sites

10/19/2009 Detinue Complaint filed - This confuses me because I believe they already had the vehicle back at this point

11/13/2009 Summons Returned - N.S Reason: No Contact

11/17/2009 Alias summons issued and Returnable

11/17/2009 Appoint Special Deputy - Allowed

12/15/2009 Execute or Perform- Allowed -  I have no idea what this means as it pertains to the case;  does this imply that there was process service?

 

You were served.  Your state allows for alternative service (i.e. publishing in the paper is one method) and the court accepted the alternative service when you could not be located.  

 

Twice during this case it has said Judgement for Plaintiff and Order Final and Appealable and I am unsure why.  If they were unable to serve me does that mean that they showed due diligence in trying to serve me so the case was allowed to continue or does this mean they manufactured some type of service and it should be in the court file? 

 

Most likely the first one is just procedural awarding ownership of the vehicle to the creditor so that they can sell it at auction.  They DID serve you by an alternative method accepted by the courts.  It does not appear anything was "manufactured" to complete the case.  The second judgment was the final amount owed on the deficiency after the car was sold at auction and all exemptions, fees, and monies were credited and debited.

 

I never received any notice of the sale of the vehicle so that means I didn't have the opportunity to redeem the vehicle. 

 

You also moved out of state knowing the vehicle was repossessed and did not update the creditor on how to locate you to do so.  All they are required to do is send the notice to your last known location or publish in in the paper as a notice.  

 

I also don't have any records of sale to have proof that the deficiency balance is calculated correctly. 

 

They are not required to provide them unless you demand it at trial but you didn't show up to do that.

 

 I am completely green but does this look like getting a motion to vacate would be a long shot? 

 

YES this is a long shot.  This is the second or third thread you have started on this and the answers are not going to change.  It is best if you keep everything to one discussion.  You have known about this judgment for a while and as was explained before once it has been in place for a year it is etched in stone.  

 

My best case scenario wish is that filing this would prompt the creditor to agree to settle for less than full payment that removes the years or interest that have accumulated and a satisfaction of judgement or having the original creditor file to withdraw the judgement so that it doesn't remain on my credit report for years and years after payment.

 

Wanting to buy a house now gives the leverage to the creditor.  ALL you can do is make an offer to settle this debt and hope they accept.  If they know you are trying to buy a house that is a long shot as well.  Their theory will be if you can afford to buy a house you can afford to pay them first.

Link to comment
Share on other sites

Thank you.  I thought it was appropriate to start a new thread because I was actually trying to get an understanding about the information contained in the case summary not trying "to get the answers to change."  Actually I did update the creditor on my address as this was a voluntary surrender.  Can't imagine why they didn't send the info to my new address even if they still would have filed sue in the state in which the contract was written.  They had my address on my initial move to LA but a few years later Hubbys job relocated us to TX.  They may not have my current address though it is updated on my credit reports I did not give it directly to the OC.  I guess your signature line says it all; you do have a very blunt manner of replying but at any rate I appreciate the knowledgeable information I get from you.  I wouldn't ask if I already had this knowledge myself.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.