Car Up for Repo Bank Serves a 3rd Party Not on Loan with a Judgement Debt Collection
My question involves an auto loan or repossession in the State of: washington
ok my car is up for repo and the bank went to a 3rd party's house ( a friend ) no on the loan or on a reference list for the loan , and asked the if they knew me and if the car was in there garage they showed the repossession agent that the car was not there and they didn't know where i was or where the car was ... after about 6 weeks later the (3rd party) was served with judgment paper with there name on it! claiming that they where one of the debtors and wished to seek a judgment on the 3rd party and me this was delivered by a county sheriff so it has been record how ever the bank did not file its fees within the 14 days of service.... the documents included a copy of the car title along with a copy of the loan agreement judgment amount along with and the court judgment papers.
my question is :
1: the bank had no right to try for judgment on the 3rd party
2: the bank Gave away my information to a 3rd party and violated my privacy rights to debt collection
3: do i have a right to sue them for this ?
and if so is there any lawyers out there that are willing to take on the case for contingency
thanks For any help
Re: Car Up for Repo Bank Serves a 3rd Party Not on Loan with a Judgement Debt Collect
I can't access the court documents from here so I don't know what the lender alleged in relation to either you or the third party. Why, after you and the third party were served with the summons and complaint, did you choose to default rather than appearing and answering? Especially the third party who, from what you've told us, has no connection to the vehicle or loan? Or by "judgment papers" do you mean that you both were served with a lawsuit (in which case you'll want to appear and answer if you want to avoid a default judgment). What "fees" didn't the plaintiff pay?
I don't know what you mean by "the bank went to a 3rd party's house" - if this was an employee of the bank that issued the loan, the FDCPA would not apply because it would be an in-house collection. If a FDCPA violation occurred you can sue and attempt to prove the violation, and seek to recover statutory damages. Other consumer laws may apply, potentially including state laws, depending upon the full facts and circumstances.
Re: Car Up for Repo Bank Serves a 3rd Party Not on Loan with a Judgement Debt Collect
Your posting is clear as mud. You have to be able to describe things accurately for us to give you any advice.
It sounds like the repo man was looking for your car at a friend's house. Aparently they think it is being concealed there or something.
The bank can NOT sue the 3rd party for the loan, but perhaps they filed something in order to force that party to reveal the location of the car or turn it over, or something like that. You don't seem to know what you are talking about, so who knows.
If someone who is not on the loan is sued for money, then they need to immediately file a Motion for Summary Judgment by the time the answer is due.
Re: Car Up for Repo Bank Serves a 3rd Party Not on Loan with a Judgement Debt Collect
my situation is similar, my vehicle is used as collateral with the bank holding the lien but the collateral is for an outside loan on a 4 wheeler that i am primary on as i cosigned for a four wheeler, now i have had a call saying repo will be paying me a visit at my job, which is on my phone and i take as a threat, can they take my vehicle with a bank lien not through the same finance company as the fourwheeler and can they threaten to pay me a visit at my job or is this a legitimate threat that can cause them repercussions?
Re: Car Up for Repo Bank Serves a 3rd Party Not on Loan with a Judgement Debt Collect
Are you saying you cosigned for a ATV and you used your vehicle as collateral if the person you cosigned for defaults on the payments?
If so then the repossession company can visit your place of employment in search of your vehicle and repossess it.