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mommieofthree · Jul 11, 2007, 09:55 AM

My husband had a car repossessed in 1997 he did not pay the loan off and two years later he got contacted to pay $2000 to settle. Then we heard nothing more about it. Now July 2007 we had our bank account frozen to pay off some of the loan. The amount is now $10,100. We were recently told that this went to court in 2001 however we were never contacted about it. We tried to get money put back in our account so we could cover our rent and extras as we have three kids it really hit us hard. Is there anything that can be done to stop this so we can pay a monthly payment or something?

mr.yet · Jul 15, 2007, 02:24 PM

File a Motion to vacate due to improper service, if you were never serve a summons and can prove it to judgment will be vacated.

Now if you did sign the contract for the car, than you can file motion for a third party claim against the funds in the account, this will prevent the ban from releasing the funds.

Contact an attorney.

ScottGem · Jul 15, 2007, 02:32 PM

When the $2K offer was made did you accept it or respond to it or just ignore it? Are you sure you never received a summons about being sued?

As Mr Yet said, if you can prove you were not informed about the suit, you may be able to have it vacated on the grounds of improper service. But this will take some time and you should not put anymore money into that account or it too will be frozen.

Fr_Chuck · Jul 15, 2007, 02:33 PM

There is nothing you can do short term on this. The last thing you want to do is put any more money in that account, it will just be frozen.

They can not attach your account ( or garnish your pay) unless there has been a judgement against you. If you were not served according to the laws of your state, ( and if you moved and they did not know where you lived at it can be various forms of service)

So as noted you can file a motion to cacate due to improper service and unless you were served properly according to your state law, it will temp stop the attachment, but if this is a legal debt, they will just refile and start again.

But as noted twice now, without an attorney there is little you can do at this point. The real trouble is, you were told there was money owed, and you did nothing, debts don't just go away, had you paid 40 dollars a month it would have been paid long ago at 2000 dollars.