I just received a phone call today stating that my old car company has a judgement against me cause I did not answer any of the mail they sent me and they are taking me to court and wanting to take 25% of my pay check everyone week. I called the guy company stating that I did not receive any of the letters and go to find out the were sending them to the wrong address. I call the colectors to speak them about what I can do and they said I would have to give him either 5600 by the end of the month or go to court and pay out 10grand. Is there anything I can do? Its not my fault that I didn't get any of the mail stating what I could do.

My guess is that he is using the 10 grand as a figure out of the air for what a lawyer might cost. I always hear that the Court will do a garnishment of your wages and not make you pay a lump sum. Every one that I know that has gone through this has had to pay less than what the collectors want---but NO guarantee on THAT.

How long has it been since you last sent them anything?
My personal advise is let them take you to court.

Lets first deal with your not being notified. You can get the judgement vacated on the grounds of improper service. But what will happen is you will be served properly as you walk out the court room.

If this is a valid debt then they will get a new judgement against you and you will have to pay. Didn't you know that you had defaulted on the car loan?

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Originally Posted by ScottGem

Lets first deal with your not being notified. You can get the judgement vacated on the grounds of improper service. But what will happen is you will be served properly as you walk out the court room.

If this is a valid debt then they will get a new judgement against you and you will have to pay. Didn't you know that you had defaulted on the car loan?

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I gave the car back to the lean holders I was waiting for them to contact me after the car was sold, but the only phone call I received from them was from the collection people stating that they were sending me to court and wanting to take 25% of my pay check. I have no problem paying off what I owe, I knew I was going to have to do that, its just that I can't afford how much they want to take, if I could have afforded it I would have kept the car cause it's the same amount of my car payment over $400.

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Originally Posted by N0help4u

My guess is that he is using the 10 grand as a figure out of the air for what a lawyer might cost. I always hear that the Court will do a garnishment of your wages and not make you pay a lump sum. Every one that I know that has gone through this has had to pay less than what the collectors want---but NO guarantee on THAT.

How long has it been since you last sent them anything?
My personal advise is let them take you to court.

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I haven't made any payment in umm wow about 10 months or so, its been over 7 months since I gave the car back to the lean holders. The 10 grand is what I owe on the car, that's after it went to auction. Im just scared to go to court cause I can't affored how much they want to garnish from my pay, its going to be over 400 and if that was the case I would have kept the car cause my car payment was about that much. I have to call them back on Monday to let them know where I stand. I still don't know what to do

You need to arrange payment plans, normally you will end up paying as much per month to not have the car as the payments were.