Roughly 16 years ago I had a vehicle repossessed and sold on auction. Within 2 years I found myself divorced, at the divorce hearing my ex husband took the responsibility for the debt. Twelve years later he passed away and apparently had never paid the debt. (And if he had I'd have no proof.) I received a notice of a court disclosure. Having no knowledge of law, I went and was told I owed $13000 for the vehicle (which had been valued at $3500 when we purchased it.). The motor vehicle company had tacked on interest and fees for 12 years without ever notifying me. I have since been paying every month $100 directly from my paycheck and now have paid a total of $4000 to date. I just received a letter that they have filed a renewal of writ of execution. I have no idea what to expect now. The court was not willing to consider the fact that I had a divorce document stating my ex husband took over that debt and I was never contacted after that to have been given a chance to pay the debt prior to the accumulation of fees and interest rates. (Not that I could have at the time I was on state assistance trying to raise my two kids alone).
Nothing you describe is a surprise to me, even the part of the story you appear to have left out, which was you signed this car loan at the beginning of this ordeal. May I recommend a visit to a friendly local bankruptcy attorney to determine if you can solve this problem? The writ the creditor is applying for is designed to garnish your pay or clean out your bank account. Hope this perspective helps.
This was your vehicle that was repo'd and sold at auction. Though your ex took responsibility it sounds like both of you were on the hook for this debt.
To compound the issue here, it seems that someone got a judgment against you and your ex. When that happened, how that happened, would have been relevant when you first learned about the judgment; but you agreed to pay on it.
Because you agreed to pay on it, any objections to personal jurisdiction over you were waived. So they are renewing their judgment and execution against you.
Is it fair? No. Here's my suggestion. If you have a lot of consumer debt, and have low income, consider a Chapter 7 bankruptcy and wipe this and all of your debts out.
You can attempt to settle the debt and even threaten a bankruptcy as a carrot/stick to the creditor. Whether they bite is a good question. But it seems to me you owe a great deal more on this car than you ever anticipated to owe. It seems to me the only way to get rid of these people is to pay them off or discharge them in a bankruptcy.
Click on "Find a Lawyer" above and locate a good debt collection defense lawyer in your area to consult with over this matter. Perhaps something can be done. Its hard to say without knowing how this managed to end up on your doorstep.
Hi -
I'm a bankruptcy attorney in Lewiston. About the writ renewal - that's just a normal process collection companies must go through from time to time. A "Writ of Execution" is the piece of paper that proves they got a judgment against you. It expires every so often, so they have to renew it. The Writ is then usually filed with the registry of deeds (to put a lien on any land you have) and/or the secretary of state's office (to put a lien on any personal property you have).
Not many of the local collection attorneys file with the secretary of state's office.
I'm not sure whether bankruptcy would make sense for you - it depends on your other debts.
I can say most collection firms will just continue to suck the money out of you until the sun goes down... until the debt is paid in full. Short of making an offer to settle the debt (say for 50%) there's not much else you can do right now.
If your income is low, you can go back to court to get a reduction in the amount they are taking from you (as low as zero depending on your income and expenses). The garnishment has to be based on what you can afford.
I hope this helps,
Chris.
