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    duboisa's Avatar
    duboisa Posts: 2, Reputation: 1
    New Member
     
    #1

    Feb 22, 2006, 01:30 PM
    They took my car over an unpaid medical debt
    My son broke his arm shortly after I lost my job and I didn't have insurance. I ended up owing an orthapedic doctor $800.00. They ended up having attorneys call me and harrass me for money. I was currently getting unemployment and didn't have the extra money to pay the bill at that time. They ended up taking my state income tax, but it was only 200.00. In the process of me moving they went to court without my knowledge and got a judgement against me for the debt. I did get a part time job in the mean time. Instead of garnishing my wages or my checking account they came when I wasn't home and seized my van. They wanted all the money plus court costs in the next week in order for me to get it back. I didn't have 1500.00 so I had no choice but to let them auction it. They only ended up getting 450.00 for it and now they say that I still owe them $1100.00 and now are still calling me and harassing me. I had just bought the van from my friend for 3500.00 8 months prior and am currently still making payments to my friend because I still owe her 2000.00 for the van. I am now without transportation and really have no way to give them money when I can't even get to and from work. I just wondered if it was legal to take a vehicle without any prior notification.
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
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    #2

    Feb 22, 2006, 03:51 PM
    Contact a lawyer immediately.

    This is a mess. Who took your van the court or the collection agency? You should have NEVER let them sell your van.

    And did your friend not take out a covenant (lien, whatever the word is) on it?

    Your situation sounds really messy and you best bet here is to contact a competent lawyer.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 22, 2006, 03:59 PM
    If you had a lien on the van, ( owed your friend the money, they would not have given you the title to transfer but keep it in their name till you paid them, or they would have had theirself listed as lien holder, giving them rights also.

    But if they merely handed you the title and said pay me ( not bright on their part)

    There is a lot of you should have, the person who had a lien on this vechile should have exercised their rights as first lien holder to get paid first normally from the sale. Next you should have never agreed but at least made them take it without your agreement, anyone could have told you that story on what would happen, you normally owe more money after the auction because of auction fees than you owed before they sell an older car.

    At this point you really need an attorney, see if there is a legal aid office in your area that may help you. I will assume they will do the garnishment and checking account next if they know about it.

    I am at a loss, they really look at they are trying to harass you more than collect the money. Good example of the quality and level of most collection agencies.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #4

    Feb 22, 2006, 04:29 PM
    Quote Originally Posted by Fr_Chuck
    Good example of the quality and level of most collection agencies.
    Most of them are scum, they will try to scare people into beliving anything, don't ever listen to them, always tell them to put in writing, and all future contact with you to be done in writing only, never speak to them .
    DrJ's Avatar
    DrJ Posts: 1,328, Reputation: 339
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    #5

    Feb 22, 2006, 04:39 PM
    Something's not right here... how did they "sieze" you van?? Contact a lawyer immediately... considering the story, they should take the case for free until they get paid.

    They didn't have the right to take the van. Where is the title to the van? At best, they could put a lien on the van... but they cannot repo it
    duboisa's Avatar
    duboisa Posts: 2, Reputation: 1
    New Member
     
    #6

    Feb 22, 2006, 05:20 PM
    Thank you for your feedback. I will contact an attorney for sure. They took my van when I wasn't home. A court officer left a card in my door telling me to contact him and he was the one who took the van. He told me to contact someone at the law firm who handled collections. When I talked to him he wasn't really sure what had happened because my account had changed hands a couple of times. He just kept telling me that they were able to enter a judgement against me and a judge gave them the right to take my van for payment. Thank you again for your feedback! I appreciate all your help!

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