They took my car

[shado1021]

Hello to anybody reading this. Been a member for a long time but rarely post, just read. Now I have something to post.

Briefly, I'm almost 60 yrs. old, on SS disability. Been in deep financial trouble for several years. Have several default judgments, liens on my house (which has depreciated 50% and now upside down). I could never scrape together the money for BK so I decided to wait it out. Michigan has a 6 year SOL which will be up either this year or next year. I haven't had the stomach to pull my credit report. Yes, I have dealt with the phone calls all this time by not dealing with them at all. I haven't spoken a single word to a creditor since I stopped paying. They haven't got a single penny out of me, not for lack of trying. When I was still working, they garnished my wages constantly but I didn't make enough for them to get anything. I have no bank accounts, although 1 creditor tried to take a bank account that I had closed 6 months before that. LOL

Yesterday (Saturday) at 10:30 am there was a massive pounding at my front door. It was the Sheriff with a Request and Order to Seize Property. The property he was there to take was my car. A 2001 Monte Carlo. The only thing I own free and clear in my name. I can't understand that they took this old car. How much do they think they can auction it for??? I went on KBB and for fair condition (that is true, there are several things wrong with it) and after adding options that are not standard the most I came up with is $4000 if I buy it from a dealer's lot or something like $3000 if I sell it privately, $2300 trade in.

Now, from what I understand is that everybody, whether you are filing BK or not, has exemptions. In Michigan a vehicle is exempt from creditors up to $3250 (state) or $3450 (federal). So, if they appraise my car for around either of those values do they have to give it back? Or do I have to file something called a Claim of Exemption? My brain still feels like it's going to explode and I'm not sure what I have to do now to get my car back. There were no instructions with the copy of the order or the receipt. I still can't believe they took this OLD car. Even if they auction it for more, don't they have to give me $3250 the amount that is exempt? Or am I not understanding this correctly?

I will say he was nice enough to let us clean the car out before they took it, I guess they don't have to do that. Another thing is he gave me his card and was very insistent that I call him Monday. He said it at least 4 times. I was too numb to ask why. BTW - he was representing Midland Funding LLC for Target National Bank.

I will appreciate any comments, advice or questions. Thank you so much.

[DYLAN150]

I really don't understand why they took your car. Please let us know what happens in this case.

[keepsmiling]

Omg this is terrifying. Sending strength to you! This is the first time I have heard such a thing here. Do keep us posted.

[keepsmiling]

here's hoping you have a major lawsuit against them!

[Blossoms]

I'm sorry to hear that, wow! You were never notified in writing beforehand, that there was an order to seize your car?

[Blossoms]

Can you possibly file bk immediately somehow, to get your car back? My husband and I filed for bankruptcy in October, with an attorney who was willing to do a payment plan. We only had to pay him a small amount upfront to file.

[BKorbust]

I would consult a BK attorney first thing in the morning. Not sure if you can get your car back but that's your best hope to do it.

[shado1021]

Thank you all for the responses. Filing for bk really is not an option. I just don't have the money for it. I get $900 a month from SS and that's before I pay bills. I'm also so close to the SOL.

No, I never received anything in the mail beforehand. I pay close attention if I get anything from the court and never would have ignored something like this. Something interesting, though. The sheriff singed that he received the order 11-19-2012. Then there is a stamp on the order that it was filed 11-12-13. Probably means nothing, just seems odd.

I just don't get why the creditor would do this. Why go to all the trouble and expense to have a car seized that they aren't going to get anything out of? I really think my car is exempt and should have been hands off to any creditor.

Tomorrow I will call the Sheriff like he told me. Also thinking of calling an attorney and pay for a phone consultation since I have no way to get to an office. I just want to get my car back.

keepsmiling - what was that about a lawsuit? lol

[Blossoms]

Some shady debt collectors will do whatever they want, legal or not, because they know they can get away with it. They figure the consumer won't know any better, and won't fight it.

My husband had his paychecks garnished in 2012, for an old judgment. It was paid off through the garnishment. That didn't stop the law firm handling it from garnishing our checking 6 months later. Luckily we only had $50 dollars in it at the time. I contacted the law firm, and they refused to listen to me. My husband's employer even faxed them a record of everything they had forwarded to the courts for the garnishment, totalling what we owed. They still wouldn't budge, and sent another garnishment order to my husband's employer!

I ended up filing a complaint with the CFPB, and that finally got the law firm to back down. They filed a satisfaction of judgment with the court, and called off the bank and payroll garnishments. I also got a letter of apology from them. It's a shame that I had to go through all that though.

I think contacting an attorney would be the best thing to do right now. A complaint to the CFPB might be in order, too. I'm not an attorney, but something doesn't sound right, that the creditor would be able to seize your car without you being notified of it first.

I finally

[shado1021]

Blossoms - the same thing happened to my daughter. Her wages were garnished until the garnishment amount was satisfied. Six weeks later, the calls and letters started again. They wanted more money. Tuff rocks. They should have got it all the first time

[shado1021]

Ok, now that my brain is starting to thaw a bit because I'm getting angry I really read this seizure order closely. Here is the part that gives orders to the sheriff:

1. Seize and sell, according to law, any of the personal property (as determined by the officer) of defendants(s) named above in the Request and Verification that is not exempt from seizure, as will satisfy plaintiff's demand, costs, and any statutory fees and expenses. Personal property may include, but is not limited to motor vehicles or money, wherever located.

2. If sufficient personal property of defendant(s) cannot be found within your jurisdiction, seize and sell any of the real property of defendant(s) not exempt from seizure, as will be sufficient to satisfy plaintiffs demand, cost, blah blah blah.

So, the order wasn't specific to my car. He chose to take the car. But notice the part about taking things unless they are exempt? He knew how old that car was but he took it anyway. And according to the order, he can take anything up to and including my house. OMG this is turning into a nightmare.

[Pjmax]

Have you tried calling legal aid for assistance? I think you need an attorney and fast.

[LadyInTheRed]

Ok, now that my brain is starting to thaw a bit because I'm getting angry I really read this seizure order closely. Here is the part that gives orders to the sheriff:

1. Seize and sell, according to law, any of the personal property (as determined by the officer) of defendants(s) named above in the Request and Verification that is not exempt from seizure, as will satisfy plaintiff's demand, costs, and any statutory fees and expenses. Personal property may include, but is not limited to motor vehicles or money, wherever located.

2. If sufficient personal property of defendant(s) cannot be found within your jurisdiction, seize and sell any of the real property of defendant(s) not exempt from seizure, as will be sufficient to satisfy plaintiffs demand, cost, blah blah blah.

So, the order wasn't specific to my car. He chose to take the car. But notice the part about taking things unless they are exempt? He knew how old that car was but he took it anyway. And according to the order, he can take anything up to and including my house. OMG this is turning into a nightmare.

Don't get angry at the Sherriff. He is doing his job.

I don't know what the procedures are in Michigan, but you may be able to file an exemption claim with the Sheriff. Was there anything in the paperwork about how to file a claim for exemption? Have you called the Sheriff yet?

[LadyInTheRed]

BTW - he was representing Midland Funding LLC for Target National Bank.

He does not really represent the bank. He was serving the order and seizing asssets on behalf of the bank. He is a neutral party sent to enforce a court order.

[nioka]

About half way down the page at this link is a paragraph about auto seizure in Michigan.

http://www.debtsettlementmichigan.net/what-is-exempt-from-debt-collection-in-michigan/