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Sunnie_Daze

GM Financial Charge Off

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Posted (edited)

Hello, 

 

 

I was diagnosed with cancer and had to have my right lung removed. We did some dumb stuff with our credit and now I'm trying to clean up the messes. This has been a hassle but now i'm ready to start working on things again.

 

We had a loan for a 2010 Chevy Impala and the engine went out on it. We stupidly stopped paying the note and allowed it to be repossessed. I can not recall ever receiving any communication on the sale of the car once they had it back. Last year Gurstel Law, the collection agency retained by GM Financial served my husband with papers. Before I could even look up what to do, made arrangements with the collection agency for $205 a month which we have been paying on time. 

 

We actually received "Scheduling Order and Trial Order" from the state of Minnesota even though we are making payments to the collection agency and signed an agreement and release with GM Financial. With that being said, my question is did we basically screw ourselves from doing Whychat's process? I've posted a photos of the letter with all of our information redacted. 

 

GM FINANCIAL

PO BOX 181145

ARLINGTON, TX 76096-1145

(800) 284-2271

Date Opened: 08/31/2011

Responsibility: Joint Account

Account Type: Installment Account

Loan Type: AUTOMOBILE

Date Updated: 05/23/2019

Payment Received: $205

Last Payment Made: 05/07/2019

Original ChargeOff: $5,961

Pay Status: >Charged Off<

Terms: $0 per month, paid Monthly

for 65 months

Date Closed: 12/08/2015

>Maximum Delinquency of 60 days in 01/2014 and in

02/2015<

High Balance: High balance of $11,590 from 02/2017 to 02/2017; $11,590 from 04/2017 to 12/2017; $11,590 from 02/2019 to 05/2019

Estimated month and year that this item will be removed: 09/2022

 

 

Edited by Sunnie_Daze
removing bad photo link

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22 hours ago, Sunnie_Daze said:

We had a loan for a 2010 Chevy Impala and the engine went out on it. We stupidly stopped paying the note and allowed it to be repossessed. I can not recall ever receiving any communication on the sale of the car once they had it back. Last year Gurstel Law, the collection agency retained by GM Financial served my husband with papers. Before I could even look up what to do, made arrangements with the collection agency for $205 a month which we have been paying on time. 

 

We actually received "Scheduling Order and Trial Order" from the state of Minnesota even though we are making payments to the collection agency and signed an agreement and release with GM Financial. With that being said, my question is did we basically screw ourselves from doing Whychat's process? I've posted a photos of the letter with all of our information redacted. 

Bump

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Have you called to ask what the situation is that prompted the court date?  Do they consider you in default of the settlement agreement or what?

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Considering GM Financial is in Texas and MN has a borrowing statute, you may have messed up by signing that agreement. If they took no action within four years of your original default date, you could have invoked the statute.

 

MINNESOTA   Section 541.31, also known as the "borrowing statute," provides, in pertinent part: 

(a) ... if a claim is substantively based: 
(1) upon the law of one other state, the limitation period of that state applies; or 
(2) upon the law of more than one state, the limitation period of one of those states chosen by the law of conflict of laws of this state applies. 
(b) The limitation period of this state applies to all other claims. 

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On 6/15/2019 at 2:44 PM, hdporter said:

Have you called to ask what the situation is that prompted the court date?  Do they consider you in default of the settlement agreement or what?

I called GM financial and she says that they have no notes of anything court related and said we need to speak to the CA the CA says that we need to speak to GM financial.  No one seems to know anything. 

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16 hours ago, legaleagle2012 said:

Considering GM Financial is in Texas and MN has a borrowing statute, you may have messed up by signing that agreement. If they took no action within four years of your original default date, you could have invoked the statute.

 

MINNESOTA   Section 541.31, also known as the "borrowing statute," provides, in pertinent part: 

(a) ... if a claim is substantively based: 
(1) upon the law of one other state, the limitation period of that state applies; or 
(2) upon the law of more than one state, the limitation period of one of those states chosen by the law of conflict of laws of this state applies. 
(b) The limitation period of this state applies to all other claims. 

I think You’re right but they were moving pretty hard and threatening to sue.  The 4 years wouldn’t have happened until the end of this year. 

 

I understand he was trying to get rid of the stress but I was annoyed that he didn’t wait for me to finish what I wanted to look into before he started making payments.  

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