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Car Reposession and Garnishment Vehicle Repossession

Discussion in 'Auto Loans & Vehicle Repossession' started by Madlon Parker, Jul 17, 2019.

  1. Madlon Parker

    Madlon Parker Law Topic Starter New Member

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    Jurisdiction:
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    Hello, I had a vehicle repossessed back in 2014. The car was purchased in Alabama and they claimed the car from me in Virginia. I have not heard from the dealership until two weeks ago. They are now threatening to garnish my check to cover the remaining costs after repo. I requested several times to get a copy of the legal deficiency documentation, but they refuse to send it. They just gave me an amount over the phone of what was left over after the sale. I believe the SOL would apply here since it's been more than 4 years. Can you confirm if it does and how can I fight this?
     
  2. PayrollHRGuy

    PayrollHRGuy Active Member

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    Before they could garnish your check they would need to first sue you and win. If they did that the SOL is not at issue.

    Did they do that?
     
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  3. Zigner

    Zigner Well-Known Member

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    Not to mention that the SOL might be tolled based on the OP leaving the state.
     
  4. mightymoose

    mightymoose Moderator

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    The SOL in Alabama appears to be six years. In Virginia it is five years.

    You might now be getting these messages because they know time is running short.
    You don't have any obligatiin to do anything they ask of you, in fact you don't even have to answer the phone.
    If you do agree to make a payment it would be in your best interest to have any agreement in writing before making payment.
    Do not disregard any notice you receive of pending court action. That notice will not be made by telephone. Only debt collectors will call you.
     
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  5. Madlon Parker

    Madlon Parker Law Topic Starter New Member

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    No, they have not sue me. He just said he's going to file the garnishment in court
     
  6. Zigner

    Zigner Well-Known Member

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    Unless tolled by the OP's departure from the state...
     
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  7. justblue

    justblue Active Member

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    Are you sure? Did you check your credit (all the bureaus) to see if you have a judgement?
     
  8. PayrollHRGuy

    PayrollHRGuy Active Member

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    Unless there is something I don't know about in VA or AL that isn't how it works. You need to search the court records in your county and their county and make sure there isn't a judgment out there. You could also check your credit history.
     
  9. Madlon Parker

    Madlon Parker Law Topic Starter New Member

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    They haven't, we are getting ready to close on our home in 20 days so my credit is clean with no record of this debt! He calls daily and threatening to garnish me. He refuses to give me any deficiency documentation or agreement for payments. He's being a real jerk. But I know I have rights.
     
  10. zddoodah

    zddoodah Well-Known Member

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    Your creditor is apparently trying to scare you. I suggest you ignore the matter until and unless you receive documentation of the debt. I also suggest you look very carefully at your mortgage loan documentation to see if this is something you are obligated to disclose to the lender.

    By the way, why is the dealership contacting you, as opposed to a bank or auto finance company? Did the dealership make the loan to you?
     
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  11. mightymoose

    mightymoose Moderator

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    You are dealing with a debt collector. The best way to handle these phone calls is by not answering them. If they need to communicate with you they can send a letter in the mail.
    If you somehow find yourself on the phone with them simply hang up. Don't argue, don't negotiate, don't seek information.
     
  12. Madlon Parker

    Madlon Parker Law Topic Starter New Member

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    Yes, we did in house financing with the dealership! I believe he is trying to scare me too. I will no longer deal with him unless he provides paperwork. And you are right, I need to check with my mortgage lender regarding this issue.
    Thank you so much!
     
  13. mightymoose

    mightymoose Moderator

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    I bet it is a debt collector contacting "on behalf of".... it keeps the identity of the collector anonymous and gives enough info to the debtor to recognize the debt. No dealer would do this directly.

    Try googling their phone number and you might be able to identify who is calling you.
     
  14. PayrollHRGuy

    PayrollHRGuy Active Member

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    I strongly suggest you have a lawyer look at the mortgage paperwork and not ask the lender about it. Just telling the lender may blow up the deal.
     
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  15. Madlon Parker

    Madlon Parker Law Topic Starter New Member

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    Thank you! I will have an attorney look at the paperwork. Actually, it's the dealership contacting me. It's one of those "Buy Here, Pay Here" auto dealership, so they are acting as their own collection agency
     

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