Default Judgment Vacated for Fraud & Misrepresentation
This case was a particularly important one, in my opinion. I’ve written before about cases where I was able to reverse a default judgment after it had been entered because the Defendant was never served with the complaint. That is by far the most common way to reverse a default. But not the only way.
My client bought a car in 2007. It had a 24% APR and she reliably made her payments for about four years. Then the car broke down and since it was sold to her “AS IS – No Warranty,” she had to pay for the repairs out of pocket. The repairs would have cost $4,000. The car wasn’t even worth that much. So she gave it back to the finance company – Credit Acceptance Corp.
Three years go by. She gets sued by Credit Acceptance – they say the balance on the loan is $11,071.61. She calls the collection lawyer to try and make payment arrangements, but they wouldn’t accept any offer she could afford.
So she didn’t answer within the 30 days allowed by Alabama law. Credit Acceptance moves for a default judgment. They knew that they were in the superior position – my client hadn’t defended herself, so they were going to get a judgment without having to really prove their case. That’s how default judgments work.
But when the judgment was entered, it was not for the $11,071 she’d been sued for, but for over $19,000! How? They had asked for interest at 24% APR beginning January 1, 2012.
But the car hadn’t even been sold at a post-repo auction until July 2013! You can’t calculate a deficiency balance until you have sold the car. It just isn’t possible.
So how did a judgment get entered that was so obviously wrong? Because Credit Acceptance had one of their employees file a false affidavit with the court. Their affidavit stated that the amount owed on New Year’s Day 2012 was $11,071.61, when in fact that was the highest amount the debt could have been in July of 2013! So that is 19 months of interest (at 24% interest!) that they had no right to claim, yet in a sworn affidavit, they were seeking. In other words, Credit Acceptance blatantly lied to the court to try to steal over $4,200 from my client.
I filed a motion to set this judgment aside, and it was granted. Even the collection lawyer, to his credit, realized that something was way off with the affidavit.
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OMG. thank God, someone is tring to shut down this credit company. i what you as my attorney. callme stephen 516-xxx-xxxx.
I am going through the same thing
I am also going to the same thing I only had a year left on the loan the motor blew they say I sold $1,000 I filed a dispute with the credit Protection Bureau and I wrote the Attorney General of email this changed my life completely4
Credit acceptance has caused me so much harm. Last month my vehicle was repoed and I wasn’t one month late. I called them to report I needed a couple extra days to pay at whichtime they would take into.consideration that I did call, however again my car was again repoed. I called the to state that because they repoed my vehicle from my place where I work that I would not be able to work there. Basically I lost 3 jobs after it was repoed this last time, which was last night, I am completely up to par on my pymt. Infact I paid more than I had to just in case I needed a little more next month. I called them to find out why they took my vehicle again, although im up to date Plus extra pymt. Their reasoning was so ridiculous I was.beside myself. I want to sue these people please advise. Respectively; Cindy. Mylifeoncemore@yahoo.com
Please tell me who is helping you out because my sister needs advice. She lives in Birmingham Alabama. Credit Acceptance financed her car. She is not even late with her payments and she is being harrassed. Her payments is due on the 10th but she pays on the 4th and they said she needs to pay another payment or they are going to repossess her car. Mu sister is also very sick.. Any advice..please share
Celesia,
I may be able to help your sister. Have her call me at 251.272.9148.
JEC
I am going through the same issue with Credit Acceptance in Mississippi. Can anyone recommend someone who can help in Mississippi. Thanks
I cannot. I don’t practice there. I’m sorry.
Seeking an attorney to sue this company; credit acceptance. Fraud, lies, bot the list is very long. Please advise.
Cindy,
I’d be happy to help you find justice. Can you tell me where you live? You’ll need an attorney who practices in your local courts.
JEC
I have a judgement over 4 grand over what they said I owe and the car didn’t work at all burned through the fire harness I live in upstate ny
Toni,
I cannot give you legal advice because I am not licensed to practice in New York. But I can tell you that generally, a judgment shouldn’t be entered against you unless you first had notice of the lawsuit and had a chance to defend yourself. If you were not notified, then maybe you can get the judgment reversed and have your day in court. Contact a local attorney to help you with this. Or go to http://www.consumeradvocates.org to find an attorney who specializes in fighting cases like this.
Best of Luck.
JEC
Hello I need a lawyer I’m in Newark New Jersey
Kiashawna,
I can help you find a lawyer in your area, or you can find one at http://www.consumeradvocates.org.
Please reach out I’m going through this myself
I’m having a problem with them same company in 2008 I got a car for a little over 9,000 dollars the payment was 300 even a month. I paid 2,000 down on the car which brought my total to 7,000 dollars I also got a warranty on the car. I had to wait to buy it from younger, because they said someone just traded it in for a newer car and they had to look it over and test drive it before I could buy it and so I waited. From the beginning the car needed fixed 4 different times within the 30 day period to return the car for an oil leak. I thought how hard could it be to fix the oil leak. I felt like they knew about the leak before I purchased the car and went ahead and sold it to me anyways. By this point I told younger on my 30 day mark I didn’t want to take the car back form them to put me in a different one this one is causing to many problems. They said they didn’t have another car in the price range I was approved for. I said I just want out of the loan then and younger went on to say I had to take it up with the loan company which I did and then I came back and told them credit acceptance said they will let me out of the loan just take the car back and they said we are not willing to do that. I felt trapped with a lemon of a car I didn’t want. I remember telling the guy at younger I’m just leaving it here and he said we will have it removed and you will still owe the money for the debt. About a week later the horn fell out of the bottom of the car still having a warranty I took the car in again to be repaired. the warranty states it cover wear and tear items, but they wanted me to pay the full amount. Also I found out at this time the oil leak was never fixed correctly they said they just plugged it and it keeps coming undone. I said just replace the oil pan it falls under the warranty and they said only if its rusted and it wasn’t. I made on time payments for almost a year and then the transmission chip goes bad. I’m a single mother so I actually let the car set for weeks just to make my payments on time. until one month I was tired of it and I didn’t make my payment on time so I could pay 300 to replace the chip. I called credit acceptance and told them the situation. I was told don’t worry about it that they understand and I’m never late and thanks for the call. I thought wow what a great company willing to work with me that lasted a day. They were calling my house, my personal references and my job getting me yield at every day a few times a day demanding payment for about two weeks and then I woke up to go to work one morning and the car was just gone. I was never giving a notice that they were coming for the car or that I could make my payment and take the car back. I had no clue that was even an option at that time. When they took the car I had 5,600 invested in it so I had around 3,400 left to paid on the car. A few months later I got a paper stating the car was sold for 2,000 at an auction I though great I only owe them around 1,400 and what ever the interest would have been. I didn’t hear from credit acceptance until 2011 with a paper that I was being taken to court for the debt of 6,000 so I pulled my credit report and it states I owe them 4,000 even something just seems dirty about it to me. I didn’t go to court I didn’t have a job at the time and it’s their word against mine. I also didn’t know what a big mistake not going to court would be. I called Credit acceptance in 2014 to settle the debt my credit says I owe 4,000 so I offered the 1,500 to settle and I got a letter saying I owe them 9,000 dollars for the original debt, interest fees, and court costs and they would settle for 3,500. I couldn’t pay that amount at the time. About to months ago I reached out to them again wondering if the same offer still stood and I never heard back from them. I don’t know what to do at this time I worked hard to pull myself out of debt after I lost my job at the end of 2010. I’m actually pre approved to buy a house just as soon as the judgment is entered as satisfied. I forgot to mention that I filed a complaint with the credit report agencies for the amount owed and it now says resolved, but the judgment still holds and Credit acceptance won’t get back with me to settle.
I’m wondering if you can assist me with someone in south Carolina to see if I may have Case against credit acceptance for harassment phone calls at work while on my job and for taking money from my account after I asked them not to because the funds want in the account and yet they did causing me to have over draft on my account several different times and it caused me to lose that bank account and a debit owed back to my bank because of credit acceptance.if you can help please meet me know our someone that I may babble to contact in south Carolina.thanks Gary Warren.they also tried to repo my truck and I want even a month behind and still being harassed for payments and I want it to stop please help?
Gary,
It sounds like a lot of stuff is going on in your case that may be improper. Withdrawals from your bank account are protected by various state and federal laws (Uniform Commercial Code Article 3 and the Electronic Fund Transfers Act). I’m not licensed to practice law in South Carolina, so I can’t represent you or give you specific legal advice. However, I recommend that you look up an attorney in your area on http://www.consumeradvocates.org. Or you may try Penny Cauley at Hays Cauley. 843-773-2782. Best of luck, friend.
JEC
In 2005 I purchase a vehicle for which I was approved for a loan through Credit Acceptance. I paid on time every month even though the interest rate on the loan was ridiculous! So after a few months the vehicle would run but not drive. I called Credit Acceptance and the dealership. The rep that I spoke with at that time told me to take it to the dealership somehow and have them fix it because I had purchased the extended warranty. Well of course that part that needled to be fix was not covered. I called Credit Acceptance back and told them the situation and to come get the car or I could leave it at the dealership. The rep with CA said that they did not want the car back. I told them I didn’t think it was right for me to have to pay for a car that didn’t work. So I called s few more different times and no progress. Then they called me when I hadn’t made the next payment. I told that rep the situation and this guy told me to part the car out and just send them whatever money I got out of it. I was told 3 different times to do that. So one day while I was at work my ex-husband decided that he was going to sell it to a salvage yard and got $40 bucks out of it! Ridiculous! But now that I am having my wages garnished it is very trying. The original loan was for $10000 after interest. Now they are asking for $29,000 roughly to be recovered. I am working myself to death to make more money which is pointless. I can’t afford to file for bankruptcy. Idk what to do. I’m in Oklahoma btw. Thanks for your time.
Nancy,
I don’t practice law in Oklahoma, so I cannot give you legal advice. It sounds at first glance like you may be in trouble. Selling your car for $40 was a horrible idea. In most places, you can’t scrap a car without title to it, but maybe Oklahoma allows for all sorts of chop shopping.
You may, however, be able to use the condition of the vehicle as a defense to the lawsuit. You definitely need a local consumer rights attorney. Call Victor Wandres at 918.200.9272. I know that he’s in OK City and fights these sorts of lawsuits.
Best of Luck.
JEC
Am going threw the same thing now I purchasea suv it started acting up a month after having it I had to fix several things already and now the transmission is about to go out and it’s a 2013 model that’s costing me $28,000 my family said I got robbed so I stop paying on it because it going to cost me over 4,000 to get the transmission fix
My husband bought a use car from Sun Rise in Memphis in 1998 and Credit Acceptance finance it. He had the car for about a year the car and the car stared braking down he had a choice to keep the car which would have put us in debt because fixing and paying the note on the car was to much so he surrender the car back to them. Last Monday his employer receive paper work from Mangrum and Mangrum to garnish his wages this was a reinstate judgement from 2005. Here the problem they place a lawsuit against my husband but they did not issue a summons to appear in court. They file lawsuit in Sept. of 2005 we move from the address that they had on file March 2005 but they had he employer during that time. The lawsuit was approved in 2006 without us having any knowledge of it. I called Mangrum last week and this week and asked them for all of the original paper including the original summons and the letter stating the re-installment of the judgment. They sent me a letter that they thought I would take as a real letter but it wasn’t it was actually something that they through together but they still did not send the original summons. We went to the Shelby County Court House Downtown Memphis to get all of docket for this case ans the original summons I was inform that the suing attorney should have the original summons and they no longer had anything pertaining to the case because the case was old. Every Attorney we spoke with only wants the file bankruptcy and do not want to fight the case. WHAT CAN WE DO!!
Renee,
I believe that you need to talk to a local consumer lawyer. I am not licensed to practice in Tennessee, so I cannot give you legal advice. Try http://www.consumeradvocates.org to find a good lawyer in your area.
File a formal complaint today. Credit Acceptance has only 15 days to respond to the complaint. Here is the link. They need to be shut down.
https://www.consumerfinance.gov
Any updates on this case? I am having issues with Credit Acceptance and Mangrum Law Offices at this current moment. I am a TN resident. They have been telling me for 5 years that I owed one amount, 60 monthly payments later, they tell me that I owe $5k more than my original loan amount. I called them a few months ago for a settlement amount and they gave me time to accept it. When I called back recently to accept, that is when I was informed that my payments had not even touched the principle in 5 years and I owed almost $9k as opposed to the $4k they quoted me as owing at the beginning at the start of 2020 (the amount reported to credit bureaus was $6800 give or take and has been going down for 5 years).
Renee,
I can’t advise you because you’re in Tennessee and I’m not licensed to practice there. All I can say is that you really need to gather all of the documents relating to this matter and talk to a local lawyer about it.
JEC
They did the same to me. I bught a minivan for $7950, traded in a Frod f250 ext cab for $9000-$3500 loan owed= credit should be against the $7950 $5500.
When I worked out the 24 month payments, plus my credit for trade in it was fine and worked out to $214 a month. With the warranty.
1. They never approved any warranty claims
2. I paid from 9/ 2015 my payment to $1/2017. My 24 onths.
They repo’d the car saying I owed $10k on it. WTH, I said take it I paid it off per my original purchase. They pulled out paperwork I never signed with a $3k finance fee, plnch of taxes without the tradein. I finally settled I owed the last $200 from them until that Jan. Never heard from them or got title. I went to dealer they could not find my original paperpwork , not that matched what I had a copy of. Credit Acceptane is causing issjues when going for a car loan. They were NOT on my credit report until the repo where they got $500. Then the $10k hit the report. I fought it it was closed out. CA filed again on my credit report for over $10k and now is adding interest as if it is a ne loan, over $12560 now .
I financed a used truck with 120k miles in December 2011 for an amount financed of 7200, I paid on it for 4 years At 242.00 and then lost my job. Credit acceptance wasn’t willing to work with me and I just got a notice in the mail they had a court date and entered a judgment of 9,840$. What I don’t understand is how can they sue me without me even knowing of a date? And two, if I paid 4 years at 240 dollars a month is roughly 2600 a year or almost 10k I paid CA, they won’t tell me my total amount I paid them but how can they sue me for 9k when my loan was for 7k and I paid them at least 9k back? I could see interest adding but not that much. Please help my email is added below. My only hope is it shows a court date to enter judgment for out this year so do I show up to that or go to the courthouse before that date and what do I request? I want to know how I can get in front of the judge and make my case since I wasn’t notified of the first one? Southern california
Matt,
Man, that really sucks how that went down. Especially after you paid them for 4 years. They got more than they paid the dealer for that paper. My guess is that you had a super high interest rate.
I am not licensed to practice law in California, but I do know a few lawyers down that way, and I know you should be able to get help fighting this. Your state rules of civil procedure require them to serve you with notice of the lawsuit in some manner. If they didn’t do that, you may be able to get the judgment vacated.
You’ll definitely need a lawyer, though, because this can be pretty detailed and a lot of courts don’t like un-doing their own judgments, even if they shouldn’t have been entered.
You may want to call Matt Loker, of Kazerouni Law Group. His office number is (800) 400-6808. I’ve worked with him before and he deals with these cases like I do.
Best of Luck!
I am currently being sued and need Legal advice/help for I did not respond in the state of New York within 30 days. I had a 2006 Volkswagen Jetta. The engine light was on when I drove it off the lot. The dealer only gave me 1 key and there were many more problems with it that I discovered later on. I did most of my payment on time and had no major issues with the bank. Then my car broke down and I could not figure out what was wrong with it even after having a mechanic coming to my house to try to figure it out. So I stopped doing payments on the car and willingly told them to come pick the car up and take it back which they did. Now here it is 2 years later they decide to sue me for $6,000 which I find rather rediculous. Please contact me if you know someone that could help me in this situation. Jhavens811@optonline.net
Jay,
If you’ve been sued in New York, you definitely need to speak with a New York attorney. There are severe consequences for not responding properly to a lawsuit, so you need to call a local lawyer soon.
Hi, my fiance is being being garnished by credit acceptance. He cosigned on a car back in 2011 for his son’s mother, and she stopped making the payments. So the car was repossessed. They first garnished his bank account without any notice of a little over $400, Sidenote: It’s crazy they never went after her. He contacted them to make payment arrangements that he could afford, because we were in the process of moving so didn’t have much at the time. They wouldn’t work with him. Now a few months ago, we noticed he check was short about $200. He then seen that it was a garnishment from credit acceptance. He was never sent anything in the mail, no notice of a case against him or anything. These garnishments vary pay check to pay check. They’re getting over 20% each time, and it’s causing a financial strain on our household. Because no matter how many hours he work they’re taking more money. It is based out of Ohio, or Kentucky, I can’t remember where exactly. But I’m not sure what to do. I keep telling him to call them or sue, but he doesn’t think that he can do that.
Jennifer,
I can’t give you legal advice if you’re not a client, but I can tell you that generally, they aren’t required to go after the primary buyer. In fact, many creditors don’t bother with one co-signor if they think the other has more assets or more money to collect from. Usually, the more worthless co-buyer gets off the hook, while the more responsible one pays. That’s just the danger of co-signing any sort of loan.
Dear Sir, I’m writing this letter because I typed my email in on a seach bar and it popped up the court decision of fraud against a Finance company called Credit Acceptance. This was great and you must be an exceptional Attorney. That same company repo’d my vehicle too. It’s my opinion illegally. I had tried to pay my payment on a due date on Friday but the banks were closed by the time I got off work, so I called them and told them I’d have to make the payment on Monday when the bank opens. I kept my promise and on Monday I made the payment and included an extra $80 or $100 to help me out next time. Without warning,Tuesday night my vehicle was repo’d As of today I still don’t have a vehicle because of how they did me, I wasn’t going to get my truck back, in fear that this would always happen. Call me if there is something we can do. Respectfully; Cindy Akers
Cindy,
Did they accept your payment? Did they ever tell you over the phone that they would accept the payment and not repossess the vehicle if you made it the following day?
Usually, the contract doesn’t oblige them to accept a payment even if it’s only one day late. But if they promised they wouldn’t repo the car if you paid by a certain date, then some courts will consider that a waiver of the right to repo. Or possibly fraud. I can’t advise or represent you unless you’re in Alabama. If so, call me and we’ll discuss this. Otherwise, I recommend you contact an attorney in your area.
JEC
I live in upstate NY and had this company for me and my wife’s car loan my wife had to leave work for a medical reason for short time and this company would not work with one month bein a little late they shut my car off and repoed my car sold it within the month because they wanted to charge me alot of money to get car back they sold the car for 2000 n now I owe them 7000 on it the car ended up being a piece of crap to begin with first month of having it all oil was gone out the car I Hurd ticking so I checked oil there was none car dealer said it burns oil nothing they can do with it tires lost air all the time they tell me it’s a 1000 dollars to fix this was by the second month I want to get this out of my credit this was completely unfair but I don’t know what to do my credit was over 700 before I bought this car n now it’s 498 because of these people
George,
Your story sounds quite familiar. I can’t advise you since you’re in New York, but it happens very often that a car turns out to be a really bad deal. Best of luck dealing with this.
I was reading your story and i have a situation where i got a 2002 or 2004 honda odyssey van for $10,500 through credit acceptance and they sold me a lemon it had a bad transmission something felt very crooked with them after having it for a month there had problems were i did not want to drive it so it sat in my driveway i told them to come get i don’t want it so they claimed they sold it for $1500 and put on my credit report for no payment sent it to a lawyer for lack of payment of $7500 he asked judge to put a judgement on me for $10,094.38 so know i am trying to get this situation resolved and don’t even know where to start do you have any suggestions?
Karen,
If they’ve sued you, then you need to get a local lawyer ASAP. There can be lots of defenses to repo-deficiency cases, but you need to be sure to answer the lawsuit in time to avoid a default judgment.
If you live in Alabama, give me a call. If not, find a local lawyer as soon as you can. Best of luck.
Hi. My vehicle was taken by a relative that I co-signed on a loan with. The person then told police that they were repossessing the vehicle for non-payment which is not true & I have proof of payment on a money order. The vehicle was taken because of a grudge and the officer can verify a statement that was made of nonpayment. What can I do? Or can I sue for the money that I have put into the vehicle or can I press charges for theft because it was picked up on his business wrecker? The vehicle is also in a bankruptcy that he filed and I was forced to make payment before the bankruptcy was completed.
Yate,
I assume because you’re writing me that you’re in Alabama. If the vehicle was taken and you were not in any breach (including failure to provide insurance), then you can pursue legal action for a wrongful repossession. This usually involves a lawsuit for breach of contract, conversion, and possibly statutory damages under the UCC. If you are in Alabama, call me and we can discuss this.
I have been paying $500 a month on my car loan with my payment set at $325.21 a month at 18%. Interest. I tried calling for final payoff and they will not give it to me. My 2005 Jeep liberty should be paid off on September 2017. As of right now I believe we only owe somewhere around $1400. No attempt has been made of them sending me a letter or calling us to let us k ow that’s it’s almost paid off. Please help us. Thank you
Larry,
Have you written them any letters? Telephone calls have no legal effect whatsoever, and are usually a complete waste of everyone’s time. I assume you’re in Alabama since you’re posting on my website. If you haven’t already done so, consider sending them a UCC 9-214 request for accounting.
JEC
My Fiance is dealing with them right now. He purchased a truck in 2014 but within a year and a half the truck had a hole in the frame and it would not be inspect able by Dec of 2015 so he stopped payments for the truck he would not be able to drive. They consistently harassed him even though he told them what had happened and it took them maybe three or more months to finally come get the truck. Over a year later they start sending him letters that they are suing him and he sent them a letter again stating why he stopped paying on the truck and now they are taking him to court. He is not sure what to do he’s never been to court.
We also live in Vermont.
Thanks. I can’t advise you on Vermont law, but generally, if you are sued for a vehicle contract, you can raise as a defense any fraud or breach of warranty perpetrated by the seller. You’ll want to hire a lawyer for that, though.
2009 I purchased a vehicle from affordable truck and car s credit acceptance report Ed to equifax and experience each month original loan amount was 10013.I received my title from credit acceptance through united state postal service. 2012.2013 I purchased another vehicle from affordable truck and car through credit acceptance and credit acceptance report Ed 11,555 which was on the bill of selling purchased for 12750 with down-payment of 4000 amount due 11,555 and amount credit acceptance report Ed to equifax and experience each month was 11555 original loan amount. 2015 credit acceptance mailed me my title in mailbox through united state postal service. I received 2 title loan sthe first loan was paid and the second one due to financial hardship was able to get title back from 2nd pawn.2017 credit acceptance sued me for unpaid balance of 9599. I had legal aid of Alabama Laurie McFarland I was in the hospital fighting for my life and was told by legal aid of Alabama I did have to come to court and I had to reach out to legal aid of Alabama to see how the case came out and was to by legal aid of Alabama that I lost and don’t worry because as long as I’m disabled credit acceptance Wan received a dime. Credit acceptance submitted some false. Malicious. Forge. Unlawful documents in court that I was aware of the documents was Forge with the amount of 18723.00 I wasn’t aware of those documents only the bill of sell 11,555 and the amount credit acceptance report to equifax and experience each month.crei have filled a wrongful judgment against credit acceptance. I never seen or signed the retailed installment of 18723.00 only the 11555 and with credit acceptance payment history I have overpaid credit acceptance 2,.2200 . I wasn’t aware of the 18723.00 only the 11555. Please help me seek fair justice
Can you come to Maryland Judson or do you know someone like yourself FIGHTING FOR THE PEOPLE here on the Eastern shore: copesgennel211@gmail.com. I Need help for my brother and myself and I am a veteran as well. O consigned for my brother because he literally pays his bills each month, first before anything else. I purchased my 2016 brand new Hyundai Accent from Preston Ford last August 2016 and was so happy for myself my little brother encouraged me to help my older brother to go there too. My bank is Santander, totally the opposite of Credit Acceptance no comparison infact. My brother paid his whole disability check to catch up what they CLAIMED THEY HAD NOT RECEIVED! I told him I wish you hadnt. Soon there after they came and got the car. Channel 47 and wboc is our local news stations but all of what they have done to low income, disabled and elderly people NEEDS TO BE STOPPED AND NEEDS TO BE NOTIFIED NATIONALLY.
Gennel,
I hate hearing stories like that. That sounds completely unfair. I can’t advise on Maryland law, but you should check and see if your version of the Uniform Commercial Code authorizes a “Request for Accounting” under Article 9, Section 210. Or something similar.
You’ll probably need to call a local lawyer about this. Best of luck.
JEC
Gennell,
I can’t advise you on Maryland law, but check and see if your state’s version of the UCC authorizes a “Request for Accounting” under 9-210. Call a local lawyer for help.
JEC
They just did this exact same thing to me! They sold the vehicle for 200 bucks after I put 1000 into out trying to fix it.. now say I owe over 7k… I’ve paid 5k it’s a 2004 Durango that’s broken… and I paid religious until it broke down and I lost my job. We had another through them and they had it in my husband’s name but the plates in mine registered to an old car I had? They sold it and are trying to get 10k… we never even got it!
My name is Tondelia knox, I live in little Rock Ar. And Credit Acceptance I believe is doing the same thing to me. My car was repossed by them in 2011. They said after the sale of the vehicle they said I owed a balance of $6000 somehow now its 12,000 I had to make repaires on the car it wasnt even worth the 6,000. I need help with a lawyer thats familar with there scams . Please call me 501-7772028.
Tondelia,
The extremely high balance could be due to interest. If you had a high interest loan and it’s been racking up since 2011, then it very well could be over $12,000. That said, if you haven’t made a payment since 2011 and have not been in a Chapter 13 that was dimissed before completion, the debt may be too old to enforce. At least it would in Alabama and most states. But as you live in Arkansas, I can’t help you. I would recommend getting a local lawyer. Best of luck.
JEC
I just received a garnishment paper saying i was sued for a car that they sold in auction back in 2010. The original price was $16,000 and they sold it for $11,000. Im getting sued for $20,000. How is this possible?
Shenika,
I assume that you’re in Alabama if you’re posting this on my website. Without seeing the lawsuit documents I can’t possibly tell you how they calculated the balance they claim you owe. They could be right, and maybe it is just interest. Or they could be wrong. You need to talk to a lawyer and review the documents.
JEC
My husband is having trouble with credit acceptance,do you know of any attorneys in southern California?
I know lawyers all across the country. You can call my office for a referral if you like.
Hi Mr Crump! I too am one of the many Credit Acceptance has done dirty. It never ceases to amaze me at the reviews and things Credit Acceptance has done to people. It is low income desperate people that cannot afford an attorney and they know this. Taking advantage of the less fortunate. Here is what happened to me and let’s see if you have some advice or could possibly help me. I do live in Alabama by the way. I live in Talladega County. So anyway I I bought my car in February 2016. They repoed my car in September 2017. My payments were 391.00 a month. The time it was repoed I owed 340.00. Not even a whole payment. I actually thought it was more that we owed but I called today and she said 340.00. So a couple of months later we ran out of gas and left it in a medical complex parking lot. We came back to get it and it was gone. We thought they had repoed it again. At that point we decided to cut our losses and walk away. Well a couple of months later they call my husband wanting to make payment arrangements. He says you have the car why would I pay for a car y’all took twice. They then informed him that they never took it the second time. It was impounded and wrecked while in impound. He asks her is they were going to go get it. Oh no it’s not worth our time to go get it. He asks then can I go get it thinking it was wrecked but we wouldn’t have to pay for it. She tells him yes but you will have to pay for it. She said they were going to try and get gap to cover the loss. Well today I called gap and there was no wreck. Not a scratch on it. We have gotten a letter from their attorney trying to get us to pay 14,000 for a car we been paying on that costs us 15,000 to start. Is there any way of getting out of this? I don’t want to have to file bankruptcy!
Ali B,
$14,000 for a car that was almost paid off? That sounds very unfair. I may be able to help you, but I’ll need to see the letters from their attorney to fully understand why they think that you owe them so much money. You can call my office to make an appointment to discuss this. My number is 251.272.9148. Thanks.
JEC
They have done my wife and I the same way our payments were 400 a month then they raised our payments to 505amonth and have had our car 9months we have made our payments on time every month and my wife and I are on social security and they credit acceptance told my wife and I our payments are gonna increase to 700 a month which is not rite this was not in our contract our contract payments are listed at a flat rate of 400amonth no more and they have went from 400 a month to 505 a month and have been calling my wife asking for money every week after our payment is made I explained to them that we cannot pay any more money to them they have been harassing my wife every week and we’re on social security that we live by month to month and at our bank our car payment comes out every 1of the month then they call and say no payment was made and our branch bank manager has records at our bank showing it was paid electronic from our bank account after wards our bank manager talked to them by phone and requested my wife to make a payment of 920 dollars and we don’t have that much money to give them something needs to be done to these people credit acceptance for breaching contract payments that was a one set rate of 400 monthly please help us soberly brandy Manso
Brandy,
If you live in Alabama, feel free to call me at 251.272.9148 and we can discuss your case.
I just got a letter today saying they won the case, wtf I sent their lawyer a letter and they said I never said anything!! They are crooked! Please help me fight them! I have 5 kids to support and I’m the only one working.. I need help they can’t eat away with this
Stefanie,
If the judgment was entered in Alabama, call my office at 251-272-9148. We may be able to help.
JEC
I just found out that Credit Acceptance is doing this to mo on a car that I gave back after a few months because the transmission began to slip. They never sent me proof of sale at an auction, never sent me anything requesting the remaining balance, and I’ve received nothing from them regarding a lawsuit. It came up on a case look up site for the county when I was checking on my traffic ticket. How can I fight this??
Loveourlemons,
I can’t really advise you because I don’t know what state you’re in. However, the Uniform Commercial Code, which is mostly uniform throughout the various states, does require a secured creditor to send written notice of the intended sale before it happens and then another notice advising you of the balance before they can sue you for a deficiency. You need to check your state’s UCC law and find a local lawyer who will fight this for you.
Best of luck!
JEC
i am dealing with this fraudulent company credit acceptance now. my car was totaled progressive insurance paid 9100 and some to them they cashed the check on 23rd of july. credit acceptance tried to take my car payment out on the 29th of july now saying i still owe that payment. i had gap insurance through them to cover my vechical. my payments were 300.00 month now they say i owe 400 something and i am in collections not even 5 days after they say i missed a payment which the car is already paid off. i am in michigan who do i contact to get these vultures off my back
Christopher,
I don’t personally know any lawyers in Michigan, but I would refer you to http://www.consumeradvocates.org. There’s a member directory there of lawyers who can help you.
Hope that helps you find someone to fight these guys.
JEC
I have a similar situation however I am in Florida. If you can please help me or if know you anyone in Florida who can help me. I filed the motion pro-se and the judge denied it even though I outlined that Credit Acceptance has violated the law and my consumer rights.
I accidentally have my car ,and a letter from credit acceptance thanking me for paying off the loan and releasing the title.Now they are taking me to court saying that we still owe and garnishing my pay check. Any advice?
I just received a summons today for a loan back in 2011. I need help on this matter because there is no way after 11 years and no notice of any kind im subpoenaed to court.
I bought a truck in 2018 and the dealership went thru credit acceptance the worse mistake I ever made I try take truck back before the 30days up but dealership said no we won’t take it back had to much to be fixed and not worth it so I let my cousin take over payments which then she couldn’t make them so I told them I didn’t want the piece of crap back so go pick it up it took credit acceptance 1 whole year to repo 1year now come on that long time I try make payments on it thru lawyer then COVID hit I was off work for month and half so didn’t make a payment I did go court all but thing got me is almost 2years later I get letter from my employer stating my wages going be garnished so I try to make a settlement with them they turned me down said I could not make anymore offers what a crock of sh** that is now I’m barely making it after they take out of my paycheck I try find help but can’t I don’t want to bankruptcy cause I can’t drag my dad into that with my name been on his vehicles so can someone help me get this taken care of please
How can I find out when the car was sold? The judgment they have against me was entered into summary judgement because I did not attend and was for $5262 in 2017 with interest starting as of 12/15 for 24.9% and now their attorneys are sending me letters with the amount owed being over $14k.
The cash price of the car was under $11k, I paid for 16 months for a total of $5,831.68 and voluntarily surrendered it in October of 2015 because I could no longer afford payments.
Is there a way to find out the date of auction to see if it was after 12/15 and for how much it sold and how much of it was applied to the remainder owed?
If they did sell it after 12/15 when they had their interested started via the judgement, does that give way for the judgement to be vacated?
I’m in Ohio. I plan on calling consumer protection attorneys tomorrow.
I’ve tried asking credit acceptance customer support for dates and they advised me that I have to speak with their legal team and that only legal can give me information. 😓
This has been the worst experience of my life. They make it hard to breath.
I know what you’re going through this is the worst experience I’ve ever experienced in my lifetime it’s terrible how they’re taking advantage of people and getting away with it I really need a car my motor blew they wouldn’t work with me no way they told me that if I quit paying my payments they would repo it and then sue me I took my name off my account because they were calling me 56 times a day sometimes more sometimes less they were even calling me on Sundays a month and a half ago my phone number was not on my account I had it do not call checked they called me and it was a Sunday morning 8:00 a.m. I believe it was eight or nine
Could you help me? Credit Acceptance is suing my brother but he got the car for me because he is legally blind and thr van was taken amd wrecked and they repossessed it and sold at auction and I called to set up a payment plan and they told me what they’d accept and then a few weeks later never received anything stating the deal and called back and told they couldn’t honor it and gave me another unaffordable payment and then filed a motion for judgment before the court even said that they would accept a scheduling order and wanted us to try and mediate a deal but they won’t even return my calls now? Please help. 304-989-7764
Contact customer financial protection bureau they have an online website where you can file a complaint online these people need to be stopped they’re taking advantage of people and they’re getting away with it they collected over 2.7 million I found it on a website do some research on them you’ll find a lot of stuff if I would have known all this or did my research I never would have gotten this car no way but I was desperate at the same time
Also the better Business bureau http://www.bbb.org I hope things work out for you
I am going through the same exact thing I purchased the 2007 Toyota Camry June 12th 2020 the original price of the car was $5,995 they added gap insurance with interest added the warranty with interest by the time it was all said and done the loan came to $12,710 with 22.99% interest I already paid $8,300 on this car they say sold 4300 I’m disputing this with the customer financial protection bill right now they’re not going to get away with us if I have anything to say about it
I am going through something similar as well. I bought a car in spring of 2013 financed through credit acceptance. The whole time I had the car I paid on it bi-weekly. I fell maybe on of those bi-weekly payments behind but in the fall of 2015 they showed up at my house and repoed the car. I was annoyed and embarrassed but let it be. A month later I got a letter stating that they had applied the 3 months worth of payments they had apparently been holding. A month after that I got a letter stating the car was sold no mention on what was left of my loan. Until I was sued for for like $900 6 months later. I paid the past due. And all was good. It should up on my credit report as a paid in full debt for years.
Until last week, when I get a notice I am again being sued by Credit Acceptance. I have no clue what it could be for. I have had no communication about this car in 2016. Now all the sudden lawsuit!
I just really need help. I am writing up a response to the suit asking for information but I really have no clue what more they could want!
I am in nebraska BTW if you or someone could help me!
I have the same issue. No lawsuit yet but they keep adding to my closed CRedit Acceptance account on my credit report iinterest and say I owe $12k+ now, My loan was only doe 2 years and for $2400. It was nuts right before final payment I called for payoff they told me $5200. It was never $5200 to beging with. And funky thing with the dealership whom is no loger in business, they could not fax or get me a copy of the contract. I called Credoiy Accepatanceand received 2 different ones, with the exact same page copied to the other with my signature, I had a $9k tradein they left out of the second one that I never signed.
I have had a long, terrible odyssey with Credit Acceptance. In 2011, I bought a 2004 minivan to transfer my wheelchair bound mother. The minivan was 8,900.00, 18% interest, paying 429/month. I paid faithfully for almost four years. I was only making 13.00 an hour and payments became difficult and the van was in disrepair. In 2016, Credit Acceptance began their leagal assault against me, saying I owed them with fees 10,000! The collection attorneys ignored my answer and a summary judgement was put in place. for YEARS with excepton of a few years of the pandemic, they would go to the civil courts. What is interesting, in 2017, they sent me the title! I registered the vehicle in my name. From the years of 2019-2023, no letters. Well, imagine my surprise that a few days ago, my bank account had a garnish hold by the blood sucking “attorneys” for Credit Acceptance! All my money–my paycheck and my savings are frozen. I can’t pay my bills, buy food, nothing. Now I am seeing a bankruptcy attorney to try to get this to end and to get my accounts unfrozen. Tehy have wreaked havoc on me and my family’s lives. Why did they send me the title and still are purusing me? I hope Letitcia James, attorney general New York sues them to oblivion. By the way, I was never served with any of this and the records on the civil court websit proves this. I wish I could fight them, but I need my accounts unfrozen and it seems the only way is bankruptcy. This has been a horrible experience. I wish you could be my lawyer.