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Jurisdiction Issue

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TMHD

Junior Member
What is the name of your state (only U.S. law)? New Jersey.

In 2005 I lived in New York City, I purchased a new vehicle from a New York car dealership in September 05, and entered into a Retail Installment Contract with the Dealership.

I moved to New Jersey last year (2007), I have made 30 payments on the loan with no problems. I had a major neck surgery March 2008 and have been out of work for 6 months.

I explained to GMAC that I'm able to make 1 payment now (9/3/08) and another on Sept 20
I'm returning back to work this month so I should be able to catch up on the remaining arrears.

GMAC has informed me to turn over my vehicle or they will repo it, they hired an Attorney that filed a Complaint with the Superior Court of New Jersey. On September 12Th I must appear in Court for an order to Show Cause.

GMAC want all of the arrears to be paid in full before they agree to stop Legal actions.

So, my questions are as follows:

1. Even though I live in New Jersey now, the contract was signed in New York State, dose the Superior Court of New Jersey have Jurisdiction?

2. If NJ dose not have jurisdiction, dose any know if NY requires 30 days Notice before proceeding with a complaint?

3. I signed the sells contract with the dealership not GMAC, at no point did I receive notice that the contract was assigned to GMAC. Dose GMAC have the right to collect or repo my vehicle?

4:confused:. Any advice on how I can buy time or delay the pleadings until I'm back to work and able to bring all of the arrears current?

Thanks for taking the time to read my post.

TMHDWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


You Are Guilty

Senior Member
1. Even though I live in New Jersey now, the contract was signed in New York State, dose the Superior Court of New Jersey have Jurisdiction?
Of course it does, you're a resident of NJ now.
2. If NJ dose not have jurisdiction, dose any know if NY requires 30 days Notice before proceeding with a complaint?
Irrelevant. (And I don't think NJ has such a requirement).
3. I signed the sells contract with the dealership not GMAC, at no point did I receive notice that the contract was assigned to GMAC. Dose GMAC have the right to collect or repo my vehicle?
They might. Proof that the contract was assigned to them is one of the things you'd ask for in discovery in the lawsuit against you.
4:confused:. Any advice on how I can buy time or delay the pleadings until I'm back to work and able to bring all of the arrears current?
None that are legal. (That's sort of the point of repo actions).
 

racer72

Senior Member
3. I signed the sells contract with the dealership not GMAC, at no point did I receive notice that the contract was assigned to GMAC. Dose GMAC have the right to collect or repo my vehicle?
The loan contract you sign allowed the dealer to obtain financing for you and you agreed to the agreement with the creditor that accepted your loan application. Check you loan paperwork, you very well signed a standard power of attorney agreement that allowed this. Also, BS on the highlighted part. You acknowledge this in your post.
I have made 30 payments on the loan with no problems.
Were these payments made to GMAC? You accepted the assignment of the contract.
 

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