CFC Financial, LLC My Car was JUST seized Warren Michigan

Robert is exactly right, and you should MOST CERTAINLY ignore the advice in the other rebuttal, unless you like the idea of living in a prison cell.

Somebody got a default judgment against you. Here's how this goes down in Michigan, from start to seizure:

1) A complaint is filed against you for a debt that you allegedly owe.

2) Michigan law generally requires personal service, meaning that, most likely, you or someone over the age of 18 who was at your home was physically handed a copy of the complaint and summons. The summons contained instructions telling you that you either A) had to show up in court on a given date (if it was a small claims case) or B) file an answer within 21 days (if it was not a small claims case).

3) Whatever the summons directed you to do, you failed to do it.

4) Having failed to either appear or file an answer, a default was entered.

5) You were then notified that the default was entered and that you had 21 days to show cause for why a default judgment should not be entered.

6) You failed to do this as well.

7) Default judgment was entered.

8) You were notified that default judgment was entered and that you had 21 days to satisfy the judgment or face court-ordered collection procedures.

9) You failed to satisfy the judgment in time.

10) The judgment creditor filed a request and order to seize property which was granted by the court.

11) You own property that is valued higher than the exemption allowed under Michigan law and the court officers came to enforce the seizure order by taking said property.

I can say with 98% certainty that this is an accurate account of the events.

Your recourse now lies in one of two court rules. The first allows you to file a motion to have a default judgment set aside, the second allows you to have any "final order" of a court set aside. Both rules require that you show good cause for your failure to defend yourself and that you have some sort of meritorious defense to the claim.

However, filing either of these motions will not stop the collection efforts. Much as I hate to have to say it, you can basically kiss the car goodbye. It will be seized one way or another and sold at auction. The amount received at auction will be far less than the car's actual value, and the costs associated with seizing the vehicle and selling it will be deducted from the final cash seizure.

The final dollar amount received will be applied toward satisfaction of the debt. If the amount received exceeds the amount of the debt (which includes, at this point, the principle, judgment interest, process server fees, attorney fees, and court costs) you will be refunded the overage.

You should probably have an attorney review the case and see if you would stand a chance in a motion to set aside. But, as I said, the car is probably going bye-bye.

It is indicated in this report is that there was a COURT ORDER for the seizure of the vehicle. The police came on the scene and advised them to relinquish the vehicle.

""refuse to give title
Do not give them the title to the car.""

Pointless. The court may simple order (direct) the DMV to transfer title of the vehicle.

I would also give a set of keys that do not . work .""

Pointless. Any locksmith can "refit" and make a key to work the existing locks. The cost of such actions will be passed to the former owner of the vehicle.

"" They had no right to take the car form you .""

It appears that they did have the right, via a court ordered seizure of the vehicle.

"" If I were you I would of told them to get the hell of my property . If they refused I would of pointed a shotgun @ them to make sure they got the message and imformed they come back they will be charged for trespassing .""

The POLICE were on the scene. So you would have pulled a shotgun on the COPS? Real smart Einstein.

""I would post no trespassing signs. I would find out who the scum is and go after them""

The best thing to do is obtain copies of the court documents germane to the seizure order to determine what is going on.

I suspect the author of this report is not being forthright with some details. Courts do not issue seizure orders without first having a hearing, which means the author should have been SERVED. Now if the author IGNORED the service, presto, a default judgment.

It is possible that service was improper or incorrect which is why I urge the author to contact the clerk of the court that granted the seizure order to determine exactly what is going on.

Do not give them the title to the car. I would also give a set of keys that do not . work . They had no right to take the car form you . If I were you I would of told them to get the hell of my property . If they refused I would of pointed a shotgun @ them to make sure they got the message and imformed they come back they will be charged for trespassing . I would post no trespassing signs. I would find out who the scum is and go after them

Someone approached a court to seek to sieze the auto.

Anytime you have outstanding delinquent debt, the creditor has a right to seek a money judgment. If the civil suit is successful and you don't satisfy the judgment, then they approach the court for an enforcement order. An inforcement order can include any/all of the following:

1. Garnishment of wages.

2. Levy against bank accounts.

3. Levy against any State tax refunds.

4. Lien/seizure of real property.

5. Lien/seisure of any property of value; car, boat, truck, RV, jewelry, etc.

In some circumstances, the creditor will simply approach the court to request a seizure order to obtain the collateral (as outlined in the DEFAULT section of the credit agreement.)

I think you should contact the court that issued the siezure order to determine exactly what is going on. The clerk of the court that granted the order will be able to provide you with copies of all documentation germane to the order.

Good luck.