I had a judgement filed against me for a car loan. (fairlane Credit) I still have the car. The Judgement is for $11994.94 the amount of what I financed the car for. I had been paying and ran into rough times. The court never notified me of my court date nor did the attorney. What can I do? Can I sue the attorney for not contacting me? I don't think that was a fair deal to just enter this judgement against me without contacting me. I don't have alot of money but I wanted to pay a huge amount to get them off my back. I have two kids and need my driving rights, and if they garnish my wages I will suffer some serious HARDSHIP. How will this affect my credit am I screwed? what can I do to fix it? Help!!
2006-08-18 18:15:19 · 15 answers · asked by cook 1 in Business & Finance ➔ Credit
I have not moved I've live here for 5 years with the same phone #. If they wanted their car they've could come and pick it.
2006-08-19 07:34:42 · update #1
I really don't think that you have grounds to sue. It sucks I know but the best thing you can do is to go to the court date and see what you can work out. That is if you know when it is. If not let them come get the car. You'll have a judgment against you but it should come off of your credit in about 10 years. I really don't think that they would suspend your licenses. They want money. I think if you can come up with what you can give them and what you can pay they will work with you. Let the judge know what type of hard ships you have and that you have children to take care of. As far as your credit goes, yes it will put a blemish on it but you can also have a letter attached to it explaining what happened. Hope this helps some. Good Luck!
2006-08-25 18:36:55 · answer #1 · answered by ASE 2 · 0⤊ 0⤋
Judgement can be recorded once the summons is served to you by A.R Registered .
Contact FairLine Credit and work out a loan reschdulement with them. I dunno why ur car has yet to be repossessed and i should say that you are lucky though.
Yes i think your credit will be affected if u were to take another new loan. NO you are not screwed as you are still under employment and your children with u . I m sure you are still able to pay for your car loan.
Pls act fast and dont throw good money over bad money by suing your attorney as the fact is you have entered the agreement with the credit firm and u owe them
Good luck and may god bless u and ur lovely child
2006-08-25 04:37:37 · answer #2 · answered by angelinecja 2 · 1⤊ 0⤋
first off, they will be coming to reposse the car. judgements are done all the time without anyone knowing about it as the company itself is headquartered out of state. once the judgement is filed, its on your credit for seven years. usually they repo the car and sell it at auction. whatever the amount it is bought for if there is any differance in the financed owed and the sale price, your liable for that amount. rarely does anyone pay it as they never tell you the amount it was sold for. rarely is the amount about the amount owed in which by law they would have to send you the differance. you have two choices. use the chunk of money you stated to have and buy another car for cash and don't finance as they will repo the car. the second is find out where the auction is and possibly buy the car back for the amount you had to pay on it. they may sell the car at auction for a few grand which alot of them do.
2006-08-18 18:30:19 · answer #3 · answered by hollywood71@verizon.net 5 · 1⤊ 0⤋
Your credit has already been affected since they will report that to credit bureau. Soon, they will reposses the car,but, they haven't found it yet. If you are having a hardship, I think the best thing to do is to file a bancruptcy. Include you car when you file for bancruptcy and they will not be able to take it. It's either Chapter 7 or Chapter 13, whatever is best, your lawyer will tell you. The only thing is you can't be able to get a credit for the next 7 years.
2006-08-25 20:32:51 · answer #4 · answered by anobangtanong 3 · 0⤊ 0⤋
If you and the collateral resided elsewhere, of course you never received notice of the court dates. If you had an attorney and told him not to contact you, that his exactly what he did as your representative.
Arrange for a voluntary repossession because you were smart and hid the collateral all of this time. If the car is in another state (or registered in the name of another family member), come clean and give up the car. Hey, I hope that the same thing doesn't happen to your current vehicle....
2006-08-23 10:58:31 · answer #5 · answered by Anonymous · 0⤊ 0⤋
1) This is not about what is fair and what is unfair. This is about your financing a vehicle and your legal obligation to pay as stated in the purchasing agreement.
2) If you had hard times and it was for an extended period of time -- this is understandable. What is NOT understable is to duck and dodge Fairlane Credit -- avoid making a series of monthly payments -- and failing to notify them of your "situation" and then expect them to be all cordial with you before pursuing legal action. NEWSFLASH: They want their money -- and they want all of it.
3) Fairlane Credit probably didn't repossess your car because you probably changed addresses during your "rough times" to "get your life together" and you didn't notify them of your new address. So, they probably went to the old address to try to repossess the car -- couldn't find you and couldn't find the car either and thus couldn't notify you. So they took their last option -- to file a judgment against you.
4) If your driving rights are essential to you, you need to find a baby daddy with money or a sugar daddy and get that final amount to pay them IN FULL If you notify them now, they are gonna want your current address and you will wake up one morning to find your car gone if you can't make the payment in full. When you have all the money -- you should request a pay for deletion from your credit report but this may be hard.
5) The only way to fix this is to get all of the money you need to pay them off. Based on your past behavior -- you are a flight risk and they can ill afford to perform a work out agreement with you when you have been "incognito" and allowed this situation to escalate this far before accepting accountability.
2006-08-18 23:29:26 · answer #6 · answered by DaMan 5 · 1⤊ 2⤋
If you want to find TRUE help with this matter, visit the website below. Once there click on forums then go to the "Help I've been served forum" The information you will find there will be of TREMENDOUS help to you. This is a free site. I don't know why because the information there is priceless! Don't do anything before you look at the information listed in the site.
2006-08-24 14:01:51 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Contact your local Legal Aide Office, they helped me with info for a divorce and through that I found an attorney that helped me file my own BK. If they don't handle cases like yours, they may be able to refer you to someone that can help.Good Luck.
2006-08-18 18:23:24 · answer #8 · answered by ccandg3 1 · 0⤊ 0⤋
yes, your credit is screwed. you will have to repay the money. call them and give back the car, they will sell it at auction and charge you for the diffrence. call it stupid tax and pay it.
THEN go to daveramsey.com and listen to his show. he will help you become responsible. good luck with all this mess
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