Update on USAA Repo/Stay Violation/Court Case
I know I haven't posted anything on this in a while, but I wanted to let you know what's been going on with the car that my lender repo'd three weeks after we filed. I have another post on here about the initial details of that.
Anyway, I had to end up filing a motion for contempt, sanctions, and an emergency hearing to get the car back pro se, as my attorney was too busy to handle it at the time. The judge granted my motion for an emergency hearing, which was set for today. My attorney did end up getting involved after the action was filed (she said that I did a good job drafting the motion, btw
). She did file an amended motion that named the towing company as an agent of the lender.
On the day that the lender received notice of the motion via overnight mail, I got a call from them saying I could get my car back, no strings attached. I did finally manage to get it back that week.
The best thing about what happended in court today is that as a debtor, I finally felt a sense of empowerment that is hard to come by during this process. The judge was not happy at all with the lender or the towing company, and that is a HUGE understatement. He basically said that they had violated a direct court order which means that they had violated the integrity of the court. He also put the defendant attorneys on notice that there would be NO settlement in this case - that he expected to hear the case on its merits. He told them that he could not fathom what kind of defense they could present, but they better be prepared, and then he set an evidentiary hearing.
Recently, we've been trying to work out a deal under which I may be able to redeem the car. The judge told the lender's counsel that if they want to make the business deal, make it, if not don't, but it won't change what he does going forward.
You should have seen the lender and tow company attorneys in there. He basically put them on notice that this would probably not end well for me. Of course, If they'd only returned the vehicle when I made the initial request, this wouldn't have happened. I wasn't being vindictive; I just needed my car. Now, I couldn't stop the process even if I wanted to.
Too bad for them, but I wanted to let you guys know that if a lender violates the stay, you may want to see them in court
.
Anyway, I had to end up filing a motion for contempt, sanctions, and an emergency hearing to get the car back pro se, as my attorney was too busy to handle it at the time. The judge granted my motion for an emergency hearing, which was set for today. My attorney did end up getting involved after the action was filed (she said that I did a good job drafting the motion, btw
). She did file an amended motion that named the towing company as an agent of the lender.On the day that the lender received notice of the motion via overnight mail, I got a call from them saying I could get my car back, no strings attached. I did finally manage to get it back that week.
The best thing about what happended in court today is that as a debtor, I finally felt a sense of empowerment that is hard to come by during this process. The judge was not happy at all with the lender or the towing company, and that is a HUGE understatement. He basically said that they had violated a direct court order which means that they had violated the integrity of the court. He also put the defendant attorneys on notice that there would be NO settlement in this case - that he expected to hear the case on its merits. He told them that he could not fathom what kind of defense they could present, but they better be prepared, and then he set an evidentiary hearing.
Recently, we've been trying to work out a deal under which I may be able to redeem the car. The judge told the lender's counsel that if they want to make the business deal, make it, if not don't, but it won't change what he does going forward.
You should have seen the lender and tow company attorneys in there. He basically put them on notice that this would probably not end well for me. Of course, If they'd only returned the vehicle when I made the initial request, this wouldn't have happened. I wasn't being vindictive; I just needed my car. Now, I couldn't stop the process even if I wanted to.
Too bad for them, but I wanted to let you guys know that if a lender violates the stay, you may want to see them in court
.
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