- Report: #1267983
Complaint Review: AutoVest LLC - Southfield Michigan
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AutoVest LLC
26261 Evergreen Rd., Ste. 390 Southfield, 48076 Michigan, USA
Phone:
800-420-3657
Web:
http://www.autovestllc.com/
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AutoVest, LLC Volentary Repo Southfield Michigan
I gave up my car for volentary repo with Wells Fargo in 2009 due to me being laid off. They sold the car to another lender for $4244.00 who took me to court (which I was not aware of) and has now attached my wages for $10000.00. When I called back in November 2014 I spoke with a Tamika who said they need $1200.00 from me to detach my wages and make payment arrangements with them I specifically asked her when the monies they were receiving from the wage garnishment was at $1200.00 I could call and make payment arrangements and she said yes and my payments would be very low. Yesterday I called to make payment arrangements and they now say I need to pay $2000.00 to be able to do that (which they have) and the monies received from the garnishment do not count to remove the garnishment.
Which of these best describes your issue?Taking/threatening an illegal action: Seized or attempted to seize property
Desired resolution
What do you think would be a fair resolution to your issue?
All I want is to have the garnishment removed and I will ay them monthly as I stated to them several times. They are talking alomst $400.00 per paycheck which is hard to survive off of being a single mother.
They agreed to payment arragements which I could not afford and called several times and left messages to the person who was handling my account to see if we can arrange something suitable for me and be able to survive. No calls back nothing. Now again I am being garnished. I need to get this resloved. I am paying $10000.00 for a car I no longer have.
1 Updates & Rebuttals
Robert
Irvine,California,
USA
A Repo is a Repo..
#2Consumer Comment
Sun, November 15, 2015
First off a Reposession is a Repossesion. It doesn't matter if you turned it in or they come and get it. As a result you are still responsible for paying off the loan balance regardless of if you have the car or not.
So if after they sold the car you had a deficiency balance on the loan(meaning you still owed money), they have the legal right to come after you for the balance. This includes filing a suit and depending on your State to garnish your wages or attach your bank accounts. They are under ZERO obligiation to "work with you".
Now, with all of that said. If you were sued and you say you knew nothing of it, you may not have been properly served and could actually go back to the courts to have the suit vacated. Meaning that your garnishments would be removed and they would have to re file their suit. So the first thing you need to do is go to the Clerk of the Court where you were sued to get a copy of the suit. Included in that will be the "Proof of Service". If the proof of service is invalid you can go after vacating the judgment. An invalid service could include things such as serving you at an address they know you are not at. Such as an address you haven't lived at for more than 10 years and they would be aware of it. Giving incorrect description of who they gave it to. Such as if they said they gave it to a 6 foot male in their 70's, and no one even close to that description lives at your house.
If you are able to get it vacated, they have a choice. To re file the suit and give you the opportunity in court to defend yourself. This would also be the place to get reasonable arrangements, as the judge can order a different structure.
If though you find that the service was valid, you may have to look at the various garnishment laws to see if you can force them to take less. But if that does not exist, unfortunatly you are pretty much at their mercy as to what they will take.
A final option may be to consider bankruptcy depending on the rest of your financial situation.
You can get the suit information from the court. After that you may want to see an attorney to help you with your options. It may cost you a few hundered dollars, but at the chance of it saving you over $10,000 it may be worth it.
