Rosalee Wells
Boerne,#2Consumer Suggestion
Wed, January 20, 2010
Typical. As I said in a different post, after their treatment of my nephew, a disabled Gulf War vet, I am gunning for these guys. A summons to court is supposed to be delivered to your home and have your signature reporting that you received it. If all avenues of contacting you failed, then they can proceed and file a lawsuit against you in court. If you don't have the summons telling you to appear, and you don't appear, they win the suit by default. I don't know what to tell you at this point. What state do you live in? Credit Acceptance portrays itself as an auto loan company. They have a training video for seminars that states in no uncertain terms that they do not sell auto loans, they sell financials. The automobile is like the toaster that the bank gives you for openning a checking account with them. They use it as hook to extort money from you to keep you paying. They have over a 35% default rate on their vehicles and yet their stock in '09 skyrocketed. That's because the default rate is built into the equation. I'm not sure of the webpage but google" LemonAid Washington City Paper" and a very interesting story about their methods will pop up. Their methods aren't legal or ethical, but they work because the people they target are poor and can't afford the legal representation to fight back against them. They skirt the law as closely as they can but they've gone over more than once and it's been too much for even the SEC and the States Attorney General of several states to stomach. Let me know which state you live in. I'll do some research and see if I can find some agency that might be able to help you or give you answers, but once they get you that way, it's pretty hard to pry them loose. If they tried to extort thousands of dollars out of my nephew, who only owed less than a thousand, had never been a day late in his payments, and had severe brain damage from an IED in Iraq, I believe they'd drown kittens for a buck. I am so wanting to see me some CAC SAC-less.
Jon
Vacherie,#3Consumer Suggestion
Sun, January 17, 2010
OK, first things first, you need to contact the court clerk's office where they sued you and file a motion to vacate due to improper service. Since you were not served a summons, they cannot proceed with the lawsuit. They probably claimed service was sent to you at an old address, so that you wouldnt get it. Once you get that motion filed the court will consider the merit of your motion--if they award you the motion to vacate, then there will be no garnishment on your paycheck. Also, if you let me know what state you live in, I will be able to tell you if this debt is outside the appropriate statute of limitations, and if it is, they cannot sue you anyways once you inform the court that SOL has expired their case will be dismissed.
Next, you should try to get records of exactly how much you paid, I know that will be hard with so much time gone by but if you can show this then even if they can refile you will be able to show why they arent entitled to all that money now. You DO have options, dont let them railroad you like this!