Judgement - car seized

[treehugger1]

If I were you, I'd still check my exemptions. Why would you have to "pay" to get the car back, if it was seized below your exemption amount? I'd do some research on this. There is a reason most states require lenders to post bonds before attempting to seize assets that are exempt. If this is an exempt asset, why would you "pay" to get it back? Just thinking out loud. TH

[StartingOver08]

Listen to BigBoy2U. He has the exact right idea. The attorney and creditor went over the top and YOU NEED TO MAKE THEM PAY FOR IT. You need to benefit from their agressive tactics.

This is vital: "I know about this stuff I did repo's for years. They screwed themselves by taking the car and now let them pay for it. Matter of fact I could probably make a deal with them to get my car back and have the debt the cleared off at the same time. You can go out today and buy another car and walk from this one. Nothing says you HAVE to reclaim the vehicle. But the law will force them to have to sell it and if it sells for less than what is owed plus costs they have to make up for it. "

[GoingDown]

This was a huge mistake by a local creditor. Make them eat it. Make them pay for this.

Don't agree to anything anymore unless it is in your best interest. In fact, stop talking to them, and do your communication through court only. And if you can afford it, get an attorney to fight this battle. It will be well worth it, and they might even have to pay his fees.

[treehugger1]

I'm still perplexed that you would need to cover "court costs" if the car was seized illegally under your state exemptions against equity.

[BK2008]

Well I spoke to the lawyer representing the lender today. They agreed that it wasn't in their best interest to keep the car so they released it back to me. They agreed to set up a payment plan or garnishment.

The only thing I owe now to get the car back is the court costs, which are at $832.

Almost half of what I owe in the judgment. Man that hurts.

That's nuts. If they had done their homework properly, they would have known that the car technically did not belong to you, you had no equity (it's the car finance co's). So now YOU have to come up with court costs to release a vehicle which is not legally yours (you're the registered owner)??

I'd get in touch with the car finance co and see what they have to say about it, it could be 1) illegal possesion of vehicle (theft) and I would think that you or the car finance co could counter sue for damages, any lost wages, inconvenience, etc. to you OR the car finance co.

None of this would have happened *IF* the creditor would have simply ran the plate/vin number through your motor vehicle co. Even if your purchase paperwork had not been submitted yet, it stands to reason that the car company's name (or another in the event it was a trade in from a previous owner) would have been on title.

Just my 2 cents.

[GoingDown]

It seems to me that it is the creditor or the creditor's attorney telling him to pay these fees.

Of course, THEY want him to pay the fees for their mistake.

Don't believe anything THEY say. THEY are corrupt and you shouldn't make any deals with THEM or agree to do anything THEY say.

I hope he doesn't pay them anything.

I would do like some of the other posters have said-- abandon that vehicle and go out and get something else to drive in the meanwhile.

And tell the car loan company about what has happened in writing, giving them the local creditor's phone number and address and the local creditor's attorney's phone number and address, and then stop paying the payments on this vehicle, and you will see someone shake loose that vehicle rather quickly.