Car Repoed - Patenaude & Felix attorneys?

[TigerD]

There is nothing sadder than watching the pedantic stumblings of rank ametuer when challenging an experienced professional in any field: be it fencing, basketball or legal advice. Especially when the novice actually thinks he is winning.

Sad.


For the OP:
I responded as I did because you stated that you typically ignore collections, which means you also typically ignore your bills. That is deserving of being sued by at least one of your creditors. I have no desire to offer you any advice because your total lack of character is unworthy. But you may have found a soul mate in GB. Unwise and uninformed -- an awesomely bad combination that is usually quite pleased with themselves.

DC

 

[GulfBreeze]

There is nothing sadder than watching the pedantic stumblings of rank ametuer when challenging an experienced professional in any field: be it fencing, basketball or legal advice. Especially when the novice actually thinks he is winning.

Sad.


For the OP:
I responded as I did because you stated that you typically ignore collections, which means you also typically ignore your bills. That is deserving of being sued by at least one of your creditors. I have no desire to offer you any advice because your total lack of character is unworthy. But you may have found a soul mate in GB. Unwise and uninformed -- an awesomely bad combination that is usually quite pleased with themselves.

DC

to the OP...if there is something else I can help you with, let me know in PM. While we don't live in the same state, we do unfortunately have to deal with the same type of junk debt buyers and their sometimes questionable tactics. you will find not much help from batman and robin, as you can see...but there are plenty of us that have experienced first hand how low they can get and what they legally are required to follow via the law. they don't care too much for the SOL rule, but hey, its the law. its a right that we are entitled to in protecting us from aged accounts that were sat on by the OC. mounting interest from years of them ignoring the accounts deserves them to be ignored or fought in court. they will try and scare you into thinking you don't have a chance, but if played right and with some simple knowledge of the laws of your state, they can be dismissed. sometimes people fall into a situation that they can not help and are forced to make financial decisions...pay for rent food and necessities is a priority. it would be great if we could live up to our obligations and pay for all of our debts. they are afforded rights in collecting these debts, but only if they follow the law as well. we are not criminals. we don't look to get into debt problems on purpose. but they will make you feel like one and talk down to you or treat you like a kid. this is why i have to endure comments at every breathe i take. they don't like anything i have to say and will clog up every post with their "you're wrong, i'm right" statements. it is up to you to filter through and search all the forums here and elsewhere and find out the truth. you will find many that will agree. these guys are not as tough as they will portray. is it "calling them on their bluff"? well....if you are holding pocket aces, call them. you usually fold if the cards are played right.

will there be a rhetorical reply to this...probably. these guys like having the last word. right or wrong

 

[mrmattson]

Update

OP here. My original post was on 9/7/07 and I have only heard back from them once regarding this debt... They called me about 4 weeks ago asking for my employer's information and the person who's in charge of payroll. I told I don't work. They said they were now going to do a background check and find out the information weather I like it or not. Seems like they want to call and talk to my employer about wage garnishment? Don't they have to take me to court first?

 

[TiredOfAbuse]

It looks as if they may be investigating if you are worth the attorney's time or not. They will hire a Skip/Asset Tracer to find out if you have or make enough to be within their guildlines for litigation.

Does that involved calling your employer? I am not sure any employer would share financial information regarding an employee of theirs over the phone with a complete stranger.

In order to get a judgement against you, yes they have to take you to court.

First they investigate and try to find out what your assets are. This would be Bank and Income, although I am not sure how they find your income. Anyone? Next an attorney they hire will review the case and you would be served the Summons & Complaint.

If you want to protect yourself, you would file your Answer.

Have you tried working with them in coming to a mutually agreeable solution for you to pay this off? Not the Collections Agency sent after you, I mean the Original Creditor?

IF you are sued, go to court. Check out your rights at: http://www.lawhelpcalifornia.org/CA/index.cfm

Good luck!

TiredOfAbuse

 

[Chien]

OP – I’m not going to repeat the information provided months ago; it hasn’t changed. It may help to detail some of it. My guess – and it is only a guess – is that the phone call was a tactic – a whack on the side of the head with a whiffle bat – to get you to voluntarily come to terms with this before resorting to suit.

Yes, I do think they’ll sue, if pushed (none of the things mentioned by a late-but-not lamented member are relevant – SOL, junk debt etc.). The judgment will be large and will be good for 20 years. You’ve purchased a new car. There is no reason to think that there won’t be enforcement possibilities, and they won’t improve. The only thing that I can’t figure out is why the creditor has waited 3 months.

There may be questions that you can answer for yourself, such as whether you changed jobs. If you didn’t, they already have all the information they’re asking for. Think about that. If you did change, updating their information takes so little effort that they don’t have to take a deep breath. Think about that.

I previously said that taking a judgment for a deficiency balance was easy. It is. You signed a financing agreement. You took a loan. It provided for payments of $X at regular intervals and they weren’t made. If the financing company was not FUBAR in some strange and unimaginable way, there are no defenses.

What I didn’t mention before is that the legal requirements to perfect a judgment are fairly extensive and meticulous. If you were sued and did not respond, the creditor has to present the court with a shopping list of documentation – the financing agreement, a copy of the certified notice of deficiency and right to redeem, notice pre-sale, notice post-sale, invoices related to repossession and repair etc. etc. etc. They have to have a stack of papers. Chances are that in that stack is a copy of your loan application – employer, earnings, SSAN, emergency contact – remember filing that out?

Now, in this update, you say you told them you weren’t employed and imply that you are by referring to your employer and the possibility of garnishment. The firm may have a hard reputation, but it’s earned and they’re not stupid. On the other hand, I’d question the wisdom of ignoring the problem and a possible chance to resolve it with a payment proposal.

 

[mrmattson]

I thank everyone for their replies.

I have tried several times to make arrangements with the Collection Agency/Law Firm, Patenaude & Felix and they don't want to take what I offer them. They want half down and large monthly payments that I cannot afford. The total debt now is $3,300, the original loan on the truck was $12,000 when purchased. I offered to pay $500 a month and they would not accept that.

The original creditor, Toyota Financial Services will not even talk to me and just refer me to Patenaude & Felix.

The job stated in the loan application was two employers ago. When they called and asked for my employer information, I refused to give it to them.

Also, I have no assets, no credit cards, just a $23000 loan with CitiAuto for my new car and an $800 checking account balance.