Expert: Creditwrench - 9/11/2010

Question
QUESTION: I am on disability.  I have or had a car that was free and clear, I owed nothing.  This company got a judgement to take my car and I have no idea what cc it is from or if any.  My only means to live is $670.oo a month, I was not even notified this was going to happen.  I need my car to go to all of my Dr appointments.  I believe it has been an old account, could be over 7 yrs maybe longer.  They try every yr to get my homestead property credit, and I fight them and I win.  How can they just sneak and get a judgement and wait until night and come and take my car, I cannot even stand up for myself or my rights.  Is this legal????  Can I sue them????  The car has nothing to do with this money I owe them plus the interest is crazy, I am up to over 8,000 almost all interest.
I cannot even see straight right now I am so upset.  Can you help with some answers?

ANSWER: Maybe. Go to www.lawdog.com and click on state by state laws then click on your state then click on courts & judgments then read up on it to see what they can and cannot do in your state. We can go from there.


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QUESTION: I looked it up and the closest thing I could find is Statute of limitations for Breach of Contract, would that be it??  That is 6 yrs.
I called today and the guy told me that I was wrong it starts when they put a judgement in, and that was 2000, well he also said then they could do another 10 yrs after that, no where have I found 10 yrs, all that I have read is from the last date I was late on a payment, NOT when a second or third collection agency purchased and filed.
I also think I may have something because I am on SS disability and SSi, all the monies I do get is from that and that is exempt from any judgement, unless it is from the IRS.
Do I have a leg to stand on???  Can I fight this thing on my own??  what would I need to do??  The car if sold will not even make a dent in what I owe them as it goes up daily because of all the interest.
I would like to that you for your replies...

ANSWER: You haven't said what state you reside in. That can make a huge difference. I need to know that.


---------- FOLLOW-UP ----------

QUESTION: I am in Michigan.  Thanks again for all of your help, I so appreciate it.  The company said the time for the statute started from when they the collection agency started court procedings.  On the court paper it said the date they started was 2003, but when I called them today I was told they first started in 2000.  I have read that the statute starts when you are late from the original company, he could not tell me what year that was, it had to be in the 90's.  He said they have 10 years and then can file again for another 10 yrs.  I also called the court they did tell me about the 10 yrs also.  I am so confused.  The lady at the court said I could write a letter to the judge as soon as possible.  I will try and make my case with I believe my car should have been exempt from any sort of seizers, as all of my income is exempt it is all from Social
Security disability, the money that I used for the car was from this.  I am not sure if I can fight this, but I now owe $8,000.00  for a credit card that was once either 300 or 500.  It is all intrerest.

Answer
If you are going to fight this about the only way to do so is to take them to federal court. In order to do that you are going to have to file for illegal garnishment of SSI if they did that. Once the money has been turned to property I don't think you can sue for their taking that property.