Complaint Review: Hosto Buchan Prater & Lawrence P.L.L.C. (Credit Acceptance Corporation) - Little Rock Arkansas

Michelle-- It says you live in Little Rock--is that in Pulaski County? For debt collection purposes, you can only be sued in the county you originated the loan in, or in the county you resided in at the time the complaint was filed against you. If neither of those applies, then they shafted you by filing in that county. Further, there is a time limit for a creditor to file a lawsuit against you in order to collect a debt. In Arkansas, that time limit, known as 'statute of limitations', is only 5 years. You were sued well past the applicable statute of limitations. Problem is, you would have had to bring that up early in the case for it to do any good. You also said that you got notice of garnishment--did you ever get served a summons at the start of the court case? If you didnt, then they illegally sued you. In cases like this, you could have filed an order to show cause/motion to vacate judgment based on improper service. Since the debt was so far past the SOL, you would have had a good chance of getting it all dismissed.

Michelle-- It says you live in Little Rock--is that in Pulaski County? For debt collection purposes, you can only be sued in the county you originated the loan in, or in the county you resided in at the time the complaint was filed against you. If neither of those applies, then they shafted you by filing in that county. Further, there is a time limit for a creditor to file a lawsuit against you in order to collect a debt. In Arkansas, that time limit, known as 'statute of limitations', is only 5 years. You were sued well past the applicable statute of limitations. Problem is, you would have had to bring that up early in the case for it to do any good. You also said that you got notice of garnishment--did you ever get served a summons at the start of the court case? If you didnt, then they illegally sued you. In cases like this, you could have filed an order to show cause/motion to vacate judgment based on improper service. Since the debt was so far past the SOL, you would have had a good chance of getting it all dismissed.

Michelle-- It says you live in Little Rock--is that in Pulaski County? For debt collection purposes, you can only be sued in the county you originated the loan in, or in the county you resided in at the time the complaint was filed against you. If neither of those applies, then they shafted you by filing in that county. Further, there is a time limit for a creditor to file a lawsuit against you in order to collect a debt. In Arkansas, that time limit, known as 'statute of limitations', is only 5 years. You were sued well past the applicable statute of limitations. Problem is, you would have had to bring that up early in the case for it to do any good. You also said that you got notice of garnishment--did you ever get served a summons at the start of the court case? If you didnt, then they illegally sued you. In cases like this, you could have filed an order to show cause/motion to vacate judgment based on improper service. Since the debt was so far past the SOL, you would have had a good chance of getting it all dismissed.

Michelle-- It says you live in Little Rock--is that in Pulaski County? For debt collection purposes, you can only be sued in the county you originated the loan in, or in the county you resided in at the time the complaint was filed against you. If neither of those applies, then they shafted you by filing in that county. Further, there is a time limit for a creditor to file a lawsuit against you in order to collect a debt. In Arkansas, that time limit, known as 'statute of limitations', is only 5 years. You were sued well past the applicable statute of limitations. Problem is, you would have had to bring that up early in the case for it to do any good. You also said that you got notice of garnishment--did you ever get served a summons at the start of the court case? If you didnt, then they illegally sued you. In cases like this, you could have filed an order to show cause/motion to vacate judgment based on improper service. Since the debt was so far past the SOL, you would have had a good chance of getting it all dismissed.

Actually, you did have it for 3 days. FYI there is no 3 day cooling off period when purchasing a car unless your state has a particular statute that creates such a cooling off period. It appears to me that what most likely happened is you took it back and they gave you some type of receipt to indicate a voluntary repossession. However, any repossession, voluntary or otherwise, you are still liable for the outstanding balance of the auto loan. What probably happened is they sold the car, and went to court to get a judgement against you for the outstanding balance of the auto loan as well as interest, legal fees and court costs. The fact that you wages are being garnished indicates that they have obtained a money judgement against you. Check whatever paperwork you have from them when you purchased the car and whatever paperwork they gave you when you surrendered the car. IF the paperwork states that the auto loan was absolved by you surrendering the car, then you have a case to make in court for an inappropriate garnishment. Otherwise, I'm afraid you should consult with a competent attorney.