Auto repo confusion about laws and a letter
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Posted by mdatca (24.55.160.194) on July 17, 2003 at 13:25:04:
Hi! I would appreciate help on this as it is a very messed up situation. This was voluntary. I have read some of the stuff about NY repo laws that I don't understand a lot of it. New York
TITLE STATE: Yes ok i understand this
SECURITY INTERESTS: Shown on title held by debtor. ok LICENSE REGISTRATION: New York Motor Department of motor Vehicles, P.O. Box 2750, Albany, New York 12220. Tel.:(518)486-4714. ok RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. ok it was voluntary DOCUMENTS REQUIRED FOR LIQUIDATION: If New York Title, must have a signed off MV-901(notice of recorded lien) and a MV950(combination bill of sale, odometer statement, affidavit of repossession). If out of state title, title must show Lienholder as owner and a notarized bill of sale. Were we supposed to get copies of these thing?
PLATES: Remain with the debtor.
They were on the car when they took it I am going to send the atty office a letter and I know that this one is not good and needs a lot of HELP. re: acct# 12345 Dear Lawyer of Predator, I am writing in regards to a judgement you filed ahainst me and my dh. His wages have been being garnished by you since June 2002 for this account yet we have no recollection of ever having been served a summons regarding this judgement. I am requesting proof that we were indeed served. Also we have never received a copy of the judgement stating the awarded amount of money. I can see on our credit reports that it $6192.00. I am requesting a copy of the judgement. In addition we have never received any kind of accounting records showing what the original amount of the default was and the amount the vehicle sold for at auction. Also I do not have any balance to go from and how the garnishments have been being applied to the account. To date we have had over $3200.00 garnished from his wages. As I see it you could continue to add on charges and collect on this indefinately. I am requesting copies of all accounting on this account. I look forward to receiving these records so I can proceed with payments and cler this matter up as soon as possible. Not signed by,
ME AND DH
I guess I have to go to the court house and get a copy of the judgement for myself. But otherwise I don't know anything about this and knew we owed some money I just would like to know how much longer we will be paying or if I can just pay it off. Also I know my cr's say $6192 but when I called the stupidly called the atty office they said over $9000(yes she said that not an exact amount) and that it sold at auction for 800. I know I owed about 4000 on it at that time. So I also feel as though there were a lot of made up charges and fees added on. I am not trying to get out of this, just make sure they aren't going to keep collecting forever. Yes we were stupid and I didn't know any of this at the time. I should have kept the car but when I went to get it inspected after a year the mechanic said that it was going to cost about 4000 to make it safe ( reliable one we know not just a guy out to jack up a bill) and that in his opinion the things that were wrong and the wear on them suggested that it was most likely not safe the year prior. I had 4 little ones at the time and did not want the car as it was unsafe. We only awed about 4000 at the time so it was not worth it to fix so I called the dealer and I chose the repo option had I known not what would have happened I would have used it as trade in towards another car from a different dealer.
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