WFS Financial - The Relationship Lender wfs financial Wrongful repossesion of my 2006 toyota matrix, Wachovia failure to appear to my small claims court date. santa ana, California

Bank of America, Citigroup, Wells Fargo, Chase, Bear Stearns, & others, have 'SECRET LIFE INSURANCE POLICIES' on their employees.

First, I am sorry your Dad died.

Maybe the loan was really only in your Dads name.  Dads do things like that for their kids as a way to teach financially responsibility without letting the kid screw up their credit. 

If your Dad was the co signer, faxing the death certificate was smart of your Mom to protect herself, but caused the car to be repoed a month or two early because the bank knew they couldn't go after the co signer if you were not making car payments.

Either way, if the car payments were made it wouldn't have been repoed. Unless you have proof that payments were made, you have no hope in court and owe the balance of the 2005 loan after what the car was sold for at auction.

 

No You don't understand i have the original contracts of the loan and my daddy lived in price utah i live in salt lake, utah wich is were me and my daddy purchased the car. And i was up to date on my payments, and as far as no hope in court, Hello I already won my dispute, wachovia did not show up to small claims when they were suppose to, now that they have lost wachovia's now trying to file a motion to reset the case. Sorry u don't understand the whole situation. there is so much more to how evil and wrong and rude that company is and they do need to be stopped on how rude and ignorant they are to their customers. I wouldn't be making a deal of this matter if i was in the wrong. thanx for your response and input. tata

"Hello I already won my dispute, wachovia did not show up to small claims when they were suppose to, now that they have lost wachovia's now trying to file a motion to reset the case. "

You didn't win anything, they just missed a court date. 

You owed on the car when it was repoed, and didn't pay for it before it went to auction, no court is going to rule for you. 

were taken out by just 3 of the big publicly held banks in the USA. Wachovia also took out these same policies, according to another article. Anyone can 'Google' this- WACHOVIA COMPLAINTS SECRET LIFE INSURANCE POLICIES, and read that article, right?

HELLO, can you people not read i have already won my small claims against wachovia the judge ruled in my favor, look at attatched court papers. Wachovia was a no show and is now trying to reset the case due to a scheduling misunderstanding on their side and thats a crock a poop. So please stop with all your assumptions of me not making my payments on the car i did, i do have proof and they repoed it because they argue that my dads the only one on the loan.

The judge did not "rule in your favor" they issued you a default judgment against Wachovia.  A true "win" would have been where both sides had a chance to state their case, and the judge would then decide which side should prevail.  Had it been a true "ruling", Wachovia could not come back and say that they want it re-heard(unless they did that during the appeal period).  If Wachovia can show that they either were not served properly, or were not given enough time they have the right to do request this.  Just like you would if the "shoe is on the other foot".

Without going into all of the merrits of what case you think you have.  There are a couple of things you need to think about.

I hope you have reviewed the Reposession laws in your state.  As in several states there is no requirement to give notice before a Reposession.  But they usually must provide you notice within a set amount of days after the Reposession.

IF your only claim is that they say you were not on the loan, I am not sure that is enough to prevail.  However, for argument's sake let's say you were on the loan.  You needed a Co-Signer because of one or more of the following a lack of credit history, negative items in your past history, or a lack of income.  Your dad then became a guarantee that if you didn't pay it, he would.  Once he died, the bank lost this leverage.  As a result they most likely have the right to re-evaluate the loan.  If during this re-evaluation they feel that you are still a credit risk they would probably have the right to reposess the vehicle.

As for your personal property.  This is where there might be some missing information.  Because you say it was reposessed on the 4th, yet it appears that the first time you called the tow yard was 18 days later.  To claim any damages on this you may have to give the judge a valid reason why you waited that long before you even started to try and get your items back.

So if the case is re-heard I hope you come back and state the results. 

However:

They can file for a reset, but they will have to convince a judge that they had a DAMN good reason for not showing up. 

How much were you suing them for?  What I would do  is to go file with the court house to begin seizing assets. 

I dont think they will get their reset, but they will drag this out in court to keep from paying you.  Until you get served with a notice that they are applying for a reset, begin your collection's activities right away.  You can have their assets seized. Do it fast, go hire an attorney if necessary, but I would do it quickly.

 

Hey you other poster's when you miss a court date, the other person automatically win's by default.  Plain and Simple, cut and dried.  The facts dont matter here, only the fact that someone at Wako dropped the ball

 

I think what she meant was that the payments were up-to-date and they repossessed the car due to her dads death. First you need to check and see if your name was really on the loan. Maybe ( hopefully not) it was not on it and your dad didn’t let you know. If that is the case  then unfortunately they can do what they did and they will probably overturn the court ruling and win in the end. Even if he is just the co-signer they might still have been able to legally do this. If a person passes away who has a car loan ( even if the payments are current) most financial  institutions will do an automatic repo, sell the car at auction, and file a claim with the estate for the remaining balance after the sale. The reason being is the person who is responsible for the loan can no longer make the payments on it and they do not want the collateral to come up ‘missing’ . They did not give the loan to anyone  but him so they are not going to let the loan continue with other people making payments because they cannot go after them if they default. I am sorry about your dads passing…….I know it is rough (personal  experience) I hope things start going better for you. Hopefully the bank will ‘forget’ the next court date but if they do not I just want you to be aware and prepare yourself for the worst so it is not a shock. Good luck!

I know I won by judgement of default bucause wachovia this big huge corp. was a no show. And their damn good excuse for not showing is a scheduling misunderstanding, how good is that. wachovia was served papers on oct.13,2009 to prepare for my dec.9,2009 court date, and if not they had five days before the trial to reschedule. And I do have copies of the state repossesion law and they did it all wrong, and my daddy's death, they should a gave me as the buyer options, to find another co-signer, or refinance or something, I have paid almost 19,965 since 2005, thanx for all ur advice and time, but have u read all these other peoples complaints about this company. I am not the only one they have done wrong, maybe just the only one doing something about it. Have a nice day!!!!!!!!!!!!!!!

My new found friends, I am clearly on the loan as the buyer/purchaser, my daddy is the co-signer and he lives in price I live in salt lake me amd my family are very close and first of all my parents would not drive up here to salt lake to change anything on that loan. I have the original copies of every document I need, and I understand about having a co-signer but they nevr gave me any option to find another cosigner or even refinance. Wachovia was served on oct.13,2009 by a constable and court was dec.9,2009, thats is beyond plenty of time for any tom,dick,or harry to prepare for this court date. And wachovias excuse for a reset was a scheduling misunderstanding, cmon guys this is a huge company for them to just foget a court date they had plenty of time to get ready for. welp I definetly will let u all know the outcome of all this drama. thanx to all for ur advice!!!!

Okay get this my daddy passed away nov.17,2008. I told wachovia and they just gave me the run around, until my mother got around to actually sending them my daddys copy a death certificate in aug.2009 as soon as they got that all this happened. so almost 1year had went by with just me making the payments. I have almost every single money gram in my name from my address sent to wachovia since nov.2005 intil june2009. there is so much more to this wrong doing i could write a book.

Hey all you peoples wachovia has done wrong, I just wanted to let you know that my court date with wachovia is scheduled for jan. 13, 2010, at 8:30 am so if anybody wants to come and be a witness for me or just even watch I could sure use the support. I'l let you know the outcome......... Thanks again for all your comments and advice. WISH ME LUCK!!!!!!!!!!!

hello hello my new found friends, well today was my court date and guess what? I WON MY CASE AGAINST WACHOVIA DEALER SERVICES!!!!!!!!!!! Thanks to all you who supported me, and to those a u who thought nothing but negative: haha in ur face. So I hope that any one a you people out there, if you know in ur heart that what wachovia is doing to you is wrong, and u have proof and documentation of this wrong doing, do not be afraid to pursue something against these people. I am an unemployed single mother and had no attorney by my side. And I knew they were wrong by alot of what they did to me, so i pursued it and it seems like its taken forever, but the outcome is way worth it. So I guess my case has come to an end and good luck to anybody who decides to stand up to this company and not back down. toodle loo my buckaroo's!!!!!!!

Make sure to read this Ripoff Report and all of the comments that were posted here.

If they ordered them to pay you monetary damages, you need to begin steps to collect from them.

This means begin searching for assets.  You will probably need help to do so.  I would hire a company to help you collect.  These costs should be able to be added to the amount you were awarded.

Let us know the partictulars.  Was Wachovia allowed to even present their evidence.  They failed to even show up the first time, so I am surprised if at this hearing the judge told them tough luck.

BTW, it is funny because I found a reply from Robert where he was telling a rip off report poster who did not show up for his hearing with a credit card company, that because she did not show up, she lost her case automatically.

But Robert did not tell you that in this hearing, he simply stated, you didnt win, Wacovia just did not show up, and they could have rescheduled.  Well he is full of hot air.

 

Congrats.

Or you can go to mylexusisdefective and find that site.