I'm new and was wondering......

[amberfrye]

Hello!

i am new to this forum and have a few questions. My husband has a judgement in the amount of $14k for a repossessed vehicle. We have been paying $25 a month on it for about a year, however, I wish to have it removed from his credit. The car was a 1999 Passat that we paid $21k for. They sold it at auction for 8k!!! When my husband was served the summons, He was in Missouri working. The summons was served to our home in Virginia where I was living. I have read whychat's website , but I am still unclear as to the best way to get this removed. Also, The car was repossesed from an auto body shop because it was in an accident, and had over 10k in damamges. The insurance paid for 8k and we had to come up with the rest, which we did not have. We currently reside in missouri, however, the address that we were served at is not even listed on his credit report. Any Suggestions??? Thanks in advance!!!!

[four20nik]

Best to research ALL of the repo laws for your state...including service, right to redeem notice, etc.

 

Also, did the repo happen less than 4 years ago?

 

If it is still within sol, you can take action against them if you can show that the repo was not done in accordance with the law.

 

Whychat is an expert at this and can provide more detailed info.

 

If the repo wasnt done in accordance with the law, it may give you grounds to have the judgment vacated. Talk with whychat and get more info!

[amberfrye]

Yes, the repo happened last year.

[four20nik]

Well, then you are within the sol to bring action against them...if you can show that the repo was done illegally.

[Why Chat]

You apparently stopped paying when the car was wrecked,this caused the repo.

 

If you had kept up the payments, your insurance might have paid to repair it, apprently there was an estimate of $8,000. to do so, which was the limit the insurance company was required to pay.

 

Your repo was obviously legal, as if your insurance paid, all the required notices were sent.

 

As to getting this entered judgment off your reports,I suggest you first opt out, then get your old address deleted, then dispute it as "no such judgment in my name for this amount for this date".

 

I do not know if this will work or not.However, I believe Va. judgments are for 5 years, unless renewed. If you are paying someone $25. a month, you may wish to double check to see if the $$ are being applied to the judgment balance.

[amberfrye]

The car insurance was paid, we could only get 8k of the damage paid for. The mechanic would not release the car until it was paid, and by this time we were three months behind on the car payment. Also, what do you mean by "opt out" Does that mean to discontinue the payment agreement or something else? Your help is greatly appreciated.

[Why Chat]

No - I meant the car payments, not the insurance payments.

 

Opt Out is to keep your reports from being sold.

 

WHO are you paying the $25. a Month to? A lawyer for the Co. that filed the judgment?

[amberfrye]

We are making the payments to the attorney's office that was hired by the car company that filed the judgement.

[dixiedrifter]

You'll never pay off the judgment at $25 a month.. just keep your money.

 

There are only three ways to get rid of that judgment, wait till it expires or hell freezes over, whichever comes first. Negotitate a settlement with the attorney or pay it off, not likely to happen any time soon, or file BK.

[Why Chat]

We are making the payments to the attorney's office that was hired by the car company that filed the judgement.

I don't know what your current situation is. If you stop paying, it is POSSIBLE the lawyer will domesticate the Va. judgment in Mo.

 

If that happens, it will not only re-appear on your husband's credit report, but may also be enforced with wage garnishment and liens against any car or home you have.

 

If they are accepting the $25. a Month, it is POSSIBLE that this was a mediated settlement and that the judgment was never actually ENTERED in the Va Court.

 

If you have the credit report and it shows a book and page #, then it was entered, if it just shows a docket #, it may NOT have been entered.

[greengrass]

I don't understand something. If the car was wrecked and had 10K worth of damage and the insurance would only pay out 8K then wouldn't they just total the car and give you the 8K towards something else. Also, why did you guys stop paying the car payment when it got wrecked if it was being repaired?

[four20nik]

Nope.

 

if insurance only paid 8k, there's a reason...part of the difference could have been deductible...

 

But, unless you have gap insurance, it will not pay off the note if you owe more than the car is worth.

[Why Chat]

Nope.

 

if insurance only paid 8k, there's a reason...part of the difference could have been deductible...She said that $10,000 was the COST of repairs.they could not have had more than a $1,000 deductible with a financed car,so the garage was overpricing or adding in towing charges

 

But, unless you have gap insurance, it will not pay off the note if you owe more than the car is worth. Gap insurance, if purchased, only works if the car is totalled or stolen

[four20nik]

Yes, whychat, lol...I was thinking faster than I was typing!

 

You're such a doll!

[amberfrye]

We stopped paying the car payment because dh went through a layoff and had to take a lower paying job. we went from making $100k a year to $40k. We lost our home, our car was repossessed and then the judgement was filed. Thanks for the help!!

[amberfrye]

Also, there is no book #, only a docket number, amount, plaintiff and the servicing court.

[Why Chat]

We stopped paying the car payment because dh went through a layoff and had to take a lower paying job. we went from making $100k a year to $40k. We lost our home, our car was repossessed and then the judgement was filed. Thanks for the help!!

 

I assume that the accident that damaged your car was an "at fault" accident? Was there anything or anybody who contributed to the accident that you could go after?

 

Do the opt ut thig, delete your Va. address, dispute the judgment.

 

Go on line to the County Court where the judgment was filed, and see what the records show, it MAY not be an actually entered judgment, in which case you will have an easier time getting it deleted, and you could stop paying the $25 a month after a year.

 

You are not alone, do register and vote so that you and our Country have a chance to recuperate.

[amberfrye]

The accident was caused by someone else that did not have car insurance. the insurance company went after them for the 8k. Thank you so much... you have been extremely helpful!!

[Why Chat]

The accident was caused by someone else that did not have car insurance. the insurance company went after them for the 8k. Thank you so much... you have been extremely helpful!!

Did you have a lawyer? Did you file a claim against them also? Do YOU have a judgment against them?

 

It is not too late to get a lawyer to sue and get a judgment against them. They may not have $$ NOW, but they may have assets you could lien, or wages you could have garnished.

 

Here is a link to look up your Court records.

 

http://www.searchsystems.net/list.php?nid=146

[amberfrye]

Hey!!!!

I went online to the county where the judgement was filed and the case was not there. I searched by the plaintiff(Primus) and by my husband's name. What does this mean? Was the judgement not really filed?

[amberfrye]

Scratch that last post! Your link was more up to date than the one I used. The judgement was actually filed.

[Why Chat]

Scratch that last post! Your link was more up to date than the one I used. The judgement was actually filed.

Did it show a book and page #?

 

It may have been filed, but not entered. You may be able to click on the file # to see the disposition of the case.

 

The first place you were looking may have only shown entered final judgments.

[amberfrye]

I clicked on the file # and it showed the case, the action taken(warrant in debt) and the amount owed, there was no area noted that said book #. It had all of the other pertinient info though.

[Why Chat]

I clicked on the file # and it showed the case, the action taken(warrant in debt) and the amount owed, there was no area noted that said book #. It had all of the other pertinient info though.

You have a case that was filed, but no final judgment was entered.

 

Your husband probably signed a consent judgment as part of his agreement to pay the $25. a Month. If he stops paying, the judgment is entered.

 

Look at the case file for the last date of ANYTHING being entered on the file. If there is nothing for at least a year, you are probably safe in stopping payment.

 

I suggest you Opt Out, delete old addresses, dispute the judgment, and get a lawyer to sue the SOB who caused the accident.

 

Keep paying the $25. a Month.

 

Check the case file for at least 6 months more after ALL of the above are done, if there is STILL nothing there, call the Court clerk and ask if and when the case will be deleted as abandoned.

 

Once the case is shown as closed,and 4 years have past from the repo., you can stop paying.

[amberfrye]

THANKS!!!!!!!!!

I am going to get started today! By the way, who should I contact to opt out?