- Report: #1413397
Complaint Review: Tidewater Motor Credit - Chesapeake Virginia
Reported By:
Michele -
Eustis, Florida, United States
Submitted:
Updated:
-
Author Not Confirmed
Why?
Tidewater Motor Credit
6520 Indian River Rd Chesapeake, 23464 Virginia, United States
Phone:
888-413-1082
Web:
https://www.twcs.com/
Categories:
Business Rating:
(0)
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Tidewater Motor Credit Sprechman and Fisher PA The most recent is file a 23,000.00 garnishment/levy on my checking account without notice Chesapeake Virginia
Tidewater has been a nightmare since day one. We purchased a car and paid on it for a little over 18 months and due to unforseen circumstances we had to let the car go back. This all occurred between 2010-2012. Starting in 2013 we were bombarded with documents from not only Tidewater but their attorneys Sprechman and Fisher. They were trying to garnish our wages for a vehicle we no longer owned. We filed motions and denials for the garnishment however, procedurally they had the advantage. Long in short they ended up getting 50.00 every two weeks from my paycheck. Fastforward to 2016. I am at a new job making significantly less than I was and I began to start receiving notices again about my garnishment. I filed the denials again and the motion to dismiss the garnishment. They again kept pursuing the money however I was granted a court date again. Before the first courtdate they were able to garnish 300.00 out of my 850.00 paycheck. I went to the legal aid office and had them assist me in filing a new motion to dismiss. I went to court 08/08/2017 and the judge granted my motion to dismiss and stop all garnishments. Everything was fine from then up until 11/24/2017. I went to use my ATM card and it was denied. I checked my bank account and to my disbelief, Tidewater put a claim on my account for 23,000.00. I now can't access my money from payroll to pay my bills and they charged me 72.00 overdraft fees due to this. I am seeking an attorney again.
1 Updates & Rebuttals
Robert
Irvine,California,
United States
Concequences
#2Consumer Comment
Sat, November 25, 2017
When you fail to fulfill your legal obligations there are consequences, in your case garnishment of your wages. There is NO RipOff here other than the one you are doing to yourself.
First of all this is a Sub-Prime lender meaning you went into this loan with a history of not being able to pay your bills. The "circumstances" do not matter, the only thing that matters is that you made a legal obligation to make certain payments on certain dates for a specific amount of time. There was NOTHING in that agreement that said you only had to make your payments if you could. This may be a shock for you but they are not a charity or some non-profit who just gives away cars to people. This was your first mistake you bought a car you could not afford and did not think ahead as to the "what if".
Now, you figured that once you couldn't pay you could just turn it in and be done with it. Again that was WRONG, it doesn't matter if you turn it in or they come and get it. Both are still considered a Repossession and as such they(and ANY lender) is legally allowed to come after you for the deficiency balance. If it was really that easy to just walk away everyone would just turn in their cars.
It wasn't a "procedural" issue that gave them the right to garnish your bank accounts it was laws and YOUR signature on the loan documents that allowed it.
I have no idea what the balance was, but I can tell you that it is unlikely that that $100 a month was even covering the interest charges. So fast forward to 2017. You got the judge to stop the garnishment but they are still legally allowed to attempt other collection methods.
So what this company did was get tired of the $50 chunks and all of the effort so they file to attach your account for the whole thing. Now, I am again sorry to say that this is probably because of YOUR choices. As bad as this may sound had you let them continue to garnish your wages it is unlikely that they would have done this. It is also possible that if you talk to them again they will release the attachment if you make an agreement to start the garnishment again. As times companies do this to "get your attention".
By the way since it appears you had a valid judgement the attachment was legal and you will not find a single company that is going to warn you that they are going to attach your account. As the first thing you would have done is empty it and that defeats the purpose of what they are trying to do..collect on a judgement.
There may be a couple of others option which may be a choice for you. First find a way to get more money, such as a second job. A few hours a week could give you enough. If that is not possible then there is always the final option and look at filing bankruptcy which is a legal option you can take.
