Posted on: 12th Sep, 2010 12:44 pm
The whole judgment is fraudulent because I paid $5400 down, made payments for a year of $4644 and they auctioned the car for $8800 they said. The actual amount they received was $18,844 and the sticker price was only $18,500. The lease was for two years which would have been $9288.
They tricked me into putting so much down because I thought it was a auto loan and they switched to an auto lease at the end saying not to worry it was just a technicality and that the lease would automatically "roll over" at the end of two years. They said my credit wasn't good enough for a regular auto loan but it would be treated as such. Come to find out one's credit has to be better for a lease.
As far as the court hearing I was railroaded because I didn't have a Lawyer. The $5400 down payment wasn't even shown in the suit. I did show up in court on my own behalf but would not be heard ( was entered as a default) as I didn't know I had to file a legal response with the court in answer to suit (court papers are hard to understand).
This company was later sued in a class action by 30 State Attorney Generals for deceptive lease practices. Omitting down payments, telling people they only qualified for an auto lease, and omitting other required disclosures were some of the primary reasons, and awards were given to individuals, but with my luck California opted out of the action.
In the mean time this judgment is accruing interest at 10% a year and driving me crazy. I've worked hard for my home and this isn't fair.
I was last year advised by a Lawyer not to respond to a renewal notice with a notice to vacate judgment. But I've been reading stuff on the internet and would like to try anyway, but am unsure how to proceed. I'd like to show the court the original suit omits the $5400 down payment and they received way more money for the car than they should have. I am actually the one who is owed money.
I once talked to the Lawyers for the Creditor and mentioned that and he laughed saying oh well. I though the consumer was supposed to be protected. In this state so far all I've been subjected to is injustice.
They tricked me into putting so much down because I thought it was a auto loan and they switched to an auto lease at the end saying not to worry it was just a technicality and that the lease would automatically "roll over" at the end of two years. They said my credit wasn't good enough for a regular auto loan but it would be treated as such. Come to find out one's credit has to be better for a lease.
As far as the court hearing I was railroaded because I didn't have a Lawyer. The $5400 down payment wasn't even shown in the suit. I did show up in court on my own behalf but would not be heard ( was entered as a default) as I didn't know I had to file a legal response with the court in answer to suit (court papers are hard to understand).
This company was later sued in a class action by 30 State Attorney Generals for deceptive lease practices. Omitting down payments, telling people they only qualified for an auto lease, and omitting other required disclosures were some of the primary reasons, and awards were given to individuals, but with my luck California opted out of the action.
In the mean time this judgment is accruing interest at 10% a year and driving me crazy. I've worked hard for my home and this isn't fair.
I was last year advised by a Lawyer not to respond to a renewal notice with a notice to vacate judgment. But I've been reading stuff on the internet and would like to try anyway, but am unsure how to proceed. I'd like to show the court the original suit omits the $5400 down payment and they received way more money for the car than they should have. I am actually the one who is owed money.
I once talked to the Lawyers for the Creditor and mentioned that and he laughed saying oh well. I though the consumer was supposed to be protected. In this state so far all I've been subjected to is injustice.
Welcome dbentrum,
I would suggest you to contact other lawyers of your state and check out what can be done in this situation. You should show all the relevant documents related to the original suit which omits $5400 down payment. The lawyer will go through the required documents in order to let you know what steps you need to take in this matter.
I would suggest you to contact other lawyers of your state and check out what can be done in this situation. You should show all the relevant documents related to the original suit which omits $5400 down payment. The lawyer will go through the required documents in order to let you know what steps you need to take in this matter.