Civil Judgment

[Jacklin Howard]

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

 

[quincy]

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

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[Jacklin Howard]

Civil Judgment

I purchased a vehicle warranty through my bank facility due to financial difficulties my payments where late they filled judgment against me in which l pay their attorney 150 a month however l was sued for the whole amount of loan I've cancelled the warranty 3 days ago the check went back to the bank for the total amount of warrany they want me to open a savings account in order for them to disperse the check towards the loan however how can they sue me for what they're taking back should the check go to me because I'm already paying the judgement?

 

[Zigner]

That doesn't make sense. The check would have gone back to YOU.

Tell the bank to pay off the judgment, or at least pay towards the judgment, since I'm sure that the judgment amount is greater than the amount that was refunded.

 

[adjusterjack]

If the warranty was included in the financing the check goes to the lender.

If the loan is in default, the money goes to the loan balance, or to pay down the judgment.

The savings account thing doesn't make sense unless the check was made out to the borrower and the lender, mailed to the lender, and the lender needs the borrower's endorsement in order to use the check.

 

[Zigner]

If the warranty was included in the financing the check goes to the lender.

No, it doesn't. It goes to the purchaser, and the purchaser will continue to owe the lender that amount. The warranty company couldn't care less about how the vehicle was financed.

 

[adjusterjack]

It goes to the purchaser,

Well, obviously it didn't.

Now the borrower will have to deal with the lender to get this resolved.