Personal Bankruptcy Forum


Author:   DB
Date:   May 22, 2001
Question:  

In 1997, we purchased a truck. After we signed a contract and walked off the lot, the dealership sold the loan. It changed hands several times until the insurance company and I both did not know who held the loan. I did not pay the first few months as I did not know the lein holder. I was contacted by a company that said they held the lein. I asked them to send me a contract that stated this so that I could be certain. The President was extremely nasty and said he did not have time to do that-- he was too busy. Correct me if I am wrong, but this is a violation on his part for failing to disclose information.

Anyway, I told them to come get the truck, which we possessed for only a few months - if they were not going to show me a contract with their name on it, I was not going to pay. They did get the truck after several weeks. On our credit report (both of our names were on the contract) .... in 1997, this company charged off this account.

They have been on our backs since to come up with money that they say we owe them, and in which I hold no legal document with my signature on stating this fact.

Now they say they are going to garnish my husband's wages. Can they do this after they charged this off as a bad debt and without sending me documentation on this vehichle?

We filed a Chapter 13 years ago and have paid that as well as worked our way back to respectable credit again.(had A credit the day we filed but had no other recourse) I do not want to have to file again. Especially when one day, a creditor say you owe $7000.00 and the next day it turns out to be $40,000.00.

Any advice would be greatly appreciated.

Thank you,
DB

 


From:
 

Ann Clarke, Collins Barrow Limited
Date:   May 22, 2001
Answer:  

I'm sorry, we are Canadian Trustees and cannot answer questions about American law. I would suggest you contact an attorney about the contract and your options.

Ann Clarke
phone: (403) 296-2972
aclarke@moneyhelp.ca




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