Car Seized even while making payments towards judgement.

[syerkb]

I had a judgment against me for money owed to an apartment complex. I received a letter after stating I had 30 days to contact the law office and make a payment agreement. The office was contacted and I agreed to make a monthly payment and have been ever since. No payments have been missed. Yesterday I came home and found the firm seized my car. After frantically calling to find out why I was told that since I was reluctant to enter into a payment agreement they took the car. Apparently there was a specific form I had to sign to make the agreement valid. This form (has a specific title that I can't remember) even has a stipulation that they would not be able to seize my car. The office never mentioned this form to me and I believed that making monthly payments was an agreement. I have made multiple payments and each time they knew the amount being made but never mentioned the agreement. Seems a little dishonest to me. Any advice help would be appreciated.

[jeb]

Syerkb, was it an agreement to reaffirm the loan?

I think you would only do this after a BK so I assume you have, in fact, filed a BK.

I was not aware that if you continued to make the payments and are current that they could repo the car. - jb

[mgmadara]

Syerkb, was it an agreement to reaffirm the loan?

I think you would only do this after a BK so I assume you have, in fact, filed a BK.

I was not aware that if you continued to make the payments and are current that they could repo the car. - jb

I don't believe the car was seized due to non payment of the car loan, it was seized to satisfy a judgement for money owed to an apartment complex. To the OP, i wish I had an answer for you and I hope that somebody else does. Good luck!!

[dingdong]

You are most likely going to have to take this to court and motion (ask) the court to have the car returned.

Did you have a written agreement, signed by both parties ( you and the apt complex attorney) stating that if payments were made timely they wouldn't seize your car?

If you had such an agreement and you were performing on it, a judge may rule in your favor since you were performing on the contract- so to speak.

Your stipulation they mentioned is probably something they required in their judgement and once the entire stipulation had been met ( you paying the judgement off in full) they probably agreed to release the judgement with prejudice? Does that sound right?


Call the attorney of record and ask why they seized your car when you were making the payments you agreed to before they turn around and sell the car. See if you can sign the stip and receive your car back in return.


I would probably contact an attorney right away.

That really sucks, sorry.

[syerkb]

Unfortunately there was no signed payment agreement. I responded to the letter that stated to make arrangements to pay within 30 days. The law office never explained that since there was no signed agreement that my payments essentially counted for nothing. I would simply call and make a payment each month and they accepted them. Wouldn't them accepting my payments each month constitute some sort of agreement? Don't they have some sort of responsibility to inform me? I am not disputing the fact that this debt has to be repaid. I just NEED my car back. My job requires that I have a car and I will lose it if I don't. The person I have been dealing with will not concede anything and the attorney is taking her word. Seems like I should have some for of recourse.

[lrprn]

Unfortunately there was no signed payment agreement. I responded to the letter that stated to make arrangements to pay within 30 days. The law office never explained that since there was no signed agreement that my payments essentially counted for nothing. I would simply call and make a payment each month and they accepted them. Wouldn't them accepting my payments each month constitute some sort of agreement? Don't they have some sort of responsibility to inform me? I am not disputing the fact that this debt has to be repaid. I just NEED my car back. My job requires that I have a car and I will lose it if I don't. The person I have been dealing with will not concede anything and the attorney is taking her word. Seems like I should have some for of recourse.

Contact a NACA (National Association of Consumer Advocates) attorney in your area - http://www.naca.net/. He/she will be interested in your story if you can prove you made the payments and your car was seized after your bk was closed and you were still making all the payments on time. Good luck to you!

[jeb]

I don't believe the car was seized due to non payment of the car loan, it was seized to satisfy a judgement for money owed to an apartment complex. To the OP, i wish I had an answer for you and I hope that somebody else does. Good luck!!

Of course - don't know what I was thinking about. Duh. - jb

[dingdong]

The OP didn't mention anything about filing BK. I think this may just be a judgement and they placed a lien on her property, thus seizing the car, at least that is what I read into it.

Maybe the OP can post a little more.

When you called, did you talk to the attorney or the apt complex manager/owner.

Also, is their a paper trail of your payments?

How much is the judgement for , and how much is your car worth, and how much have you paid to the creditor already.

You might want to check and make sure they went trough the proper channels to seize your vehicle.

Also what state do you live in? It will help to know because state laws vary for judgements and property seizure.

[syerkb]

It looks like they went through the proper channels to seize my car. The attorney had a writ of attachment that I knew nothing about and provided that to the Sheriffs office and they seized the car. There is a paper trail and I have record of the payments. I have been dealing with the attorney's office directly however I have been dealing with an employee that simply takes my payments. This is the same employee that never informed me that we had no agreement. The only paperwork I was led to believe I needed to fill out was for an automatic debit. She explained she needed my information first before she faxed it. I asked if she could mail the form to me and she said no. It seems now this may have been this mysterious agreement but it was mentioned briefly and never again. The attorney stated that he will not release my car since he does not want to get "burned". I live in Florida.

[dingdong]

I would get an attorney.
Was this agreement agreed to in front of a judge as part of a stipulation to a judgement?

HOw much is your car worth , how much is the total judgement, and how much have you paid them already?

You may be able to call your local bar association for help or a referral.

[syerkb]

I have not been before a judge. I have only dealt with the attorney's office. I owe about 6000 and my car is worth 11000 and the car is paid for. The person that I make the payments to and never informed me of the agreement told the attorney I was reluctant and he is taking her word. It just doesn't make sense. Guess I need an attorney.

[Gerry]

I owe about 6000 and my car is worth 11000 and the car is paid for

So they get to keep the 5k difference?? I would be friggin LIVID!

[dingdong]

No, They can't keep the extra 5000.00, they have to return whatever they reveive over and above the judgement amunt for the car back to the OP.

You need to talk to an attorney right away before they sell your car.


CAll the bar association, tell them what the atttorney did and then ask for a referral.

Did you have a debtors exam in court?