California Judgement for Vehicle Repossession

[Pijwijgeon]

my husband had a vehicle repossessed while he was in the Gulf War. vehicle was at camp pendleton, ca when repossessed. the account went to a collection agency who, in turn, filed a judgement against him for the balance owed. we are currently trying to get a home refinance/consolidation loan and learned that they attached the judgement to our property. in an attempt to settle the matter, we agreed to pay the judgement, which at the time it was filed was approximately 5600.00. the mortgage company contacted the collection agency, who, even though we are willing to pay the lien, are now asking for approximately 7700. are we required to pay what they are asking? they have not filed a new judgement with the new amount. shouldn't we only have to pay what the judgement was filed for, which was the 5600.00? do we have any rights at all in this matter? note again that the judgement was filed in california, usa and my husband and i currently reside in south carolina. thank you very much for your consideration.

 

[I AM ALWAYS LIABLE]

my husband had a vehicle repossessed while he was in the Gulf War. vehicle was at camp pendleton, ca when repossessed. the account went to a collection agency who, in turn, filed a judgement against him for the balance owed. we are currently trying to get a home refinance/consolidation loan and learned that they attached the judgement to our property. in an attempt to settle the matter, we agreed to pay the judgement, which at the time it was filed was approximately 5600.00. the mortgage company contacted the collection agency, who, even though we are willing to pay the lien, are now asking for approximately 7700. are we required to pay what they are asking? they have not filed a new judgement with the new amount. shouldn't we only have to pay what the judgement was filed for, which was the 5600.00? do we have any rights at all in this matter? note again that the judgement was filed in california, usa and my husband and i currently reside in south carolina. thank you very much for your consideration.

My response:

They don't need to obtain a "new judgment" for the "new" amount. You see, when judgment was rendered, that judgment was awarded with "statutory interest" which is set at 10% per annum on the unpaid principle judgment amount, and any portion thereof. A judgment is better than having money in the bank nowadays because of the statutory interest rate on judgments.

A California judgment is good for up to 20 years.

Suffice it to say, you owe the entire amount.

IAAL

 

[nailtech]

if he bought the car before active duty, then seems to me they broke the law by repossessing the car. he should have been protected by the law for our servicemen..... and if he was still in the service when they got the judgement, that too was not right...

here read all of this link, it should explain it, I'm not sure if you would have any recourse now..... but this should of never happened.....

Soldiers' & Sailors' Civil Relief Act and USERRA