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If creditor received a judgment and you make arrangements to pay the bill can the creditor still repo your car?

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2015-07-15 19:09:31
2015-07-15 19:09:31

"debtors" can never repo cars, LENDERS can, even after you make 'arrangements". As long as you are in "default", they can repo.

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The judgment is still collectable, it does not simply go away. The creditor may assign the debt to a third party, who has full authority to collect it, however the creditor may notify you, the judgment debtor, ehere and when to send payments. its still a judgment against you, and will remain so until the creditor instructs the Clerk to cancel it, by stating you have paid, or rather "satisfied" the judgment against you.

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No, it's the same account and the new creditor is simply taking over the same rights as the original creditor.

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No, as they are the legal agent of the original Creditor and the arrangements made with the collection agency are binding on the original Creditor.

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In all likelihood it would be necessary for the creditor to refile the judgment as a new bank account levy or even renew the judgment and then file. The action that can be taken by a judgment creditor is determined by the laws of the state where the judgment is entered.

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A judgment occurs when a creditor takes you to court, sues you, and wins his case against you. The creditor must do this before the statute of limitations has expired for the original debt. Typically, the court will try and contact you via mail, but they do not need proof that you were contacted, and you do not have to be present for your creditor to win. The creditor only has to provide proof that the debt is owed. You want to avoid this at all costs; for it is after a judgment is issued that a creditor can seize bank accounts, assets, or garnish wages. In addition, it is easy to renew a judgment once its statute of limitations has passed. In effect, if the creditor is diligent about his renewals, you could find yourself in the position where a judgment against you never expires. A judgment will drop off your credit report after seven years, but your creditor can hound you until the debt is paid.


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