• Report: #331966

Complaint Review: Cnac Finance

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  • Submitted: Sun, May 11, 2008
  • Updated: Tue, January 12, 2010

  • Reported By:st peter Minnesota
Cnac Finance
5144 E. Stop 11 Rd Ste 20 Indianapolis, Indiana U.S.A.

Cnac Finance cnac sent a letter saying they were going to arrest me for a car they repo over two years ago and i am 3 ststes away, can they do that? Indianapolis Indiana

*Consumer Comment: Your "letter" is notice of a judgment and a "body attachment" for failing to appear at a hearing in the Franklin Township of Marion County Small Claims Court

*Consumer Suggestion: only in az

* : The advice you've been looking for

*Consumer Comment: Don't listen to these guys.

*Consumer Comment: Repo Terrorists

*Consumer Comment: Try Legal Aid

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right before my bankruptcy in 2005 i had no choice but to buy from them. single mom raising two kids. what i thought was odd was they never would tell me the price of the cars when i was loooking at them but wanted to know my income first and to sign a note saying i wouldnt put them on the bankruptcy. i moved to minnesota,then i started having trouble with the car with in months of buying it.smelling gas, brakes failing, car kept rattling everytime i drove it. my payments on a 1994 ford escort were $300.00 that was in 2005. i finally let the car go back i got tired of them harassing me. they sold the car at an auction for 1,200 and the total i owe STILL is 8,000 total price for that pc. of crap $ 15,000 last saturday 5-3-08 i got a letter stating they are holding a body attachment to me and they are giving me a ''chance to appear voluntarily'' to show up to court small claims in indpls ind. june 19th. if i fall to appear they have no other effect to come all the way to minnesota and arrest me!!! i am single with a kid ,work at a nursing home ,barely making enough to cover my bills , rent, food and gas. can they do that to me, i will lose my job what about my family??? someone help me please i dont have money for a attorney...what should i do....

Vicki
st peter, Minnesota
U.S.A.

This report was posted on Ripoff Report on 05/11/2008 10:02 AM and is a permanent record located here: http://www.ripoffreport.com/r/Cnac-Finance/Indianapolis-Indiana-46237/Cnac-Finance-cnac-sent-a-letter-saying-they-were-going-to-arrest-me-for-a-car-they-repo-331966. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 6Consumer 0Employee/Owner
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#1 Consumer Comment

Your "letter" is notice of a judgment and a "body attachment" for failing to appear at a hearing in the Franklin Township of Marion County Small Claims Court

AUTHOR: Consumer Advocate - (United States of America)

You did not receive "a letter", you received an official court notice of actions that have been taken against you - specifically that you have been sued, had a judgment entered against you and have now been requested to appear for "proceedings supplemental to judgment in aid of execution" (this latter is how a judgment creditor uses the court system to get you into court to answer questions about your income, wages, assets, etc - to figure out how you are going to satisfy their judgment.

You listed 5144 E. Thompson and a number of 875-7500 - this pertains to an attorney named Warren Nerz who is a debt collector. 

You might want to contact the court (have your cause number handy) and ask them whether they would send you a copy of the notice of claim that shows how you were served.  If you were not served, the judgment is void and you can ask the court to set it aside so that you can have your day in court.


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#2 Consumer Suggestion

only in az

AUTHOR: Spunky - (U.S.A.)

That law is only in AZ , but they can arrest you in any state , as long as the contract was done in  AZ
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#3

The advice you've been looking for

AUTHOR: sleepawakemolly - (USA)

First of all, please DO NOT listen to any of the responses you got from your post.

This is it in a nut shell...

YOU MOST CERTAINLY CAN BE ARRESTED FOR NOT APPEARING TO A COURT HEARING IN WHICH YOU HAVE BEEN LEGALLY SERVED AND RECEIVED A SUMMONS!!! THIS IS CALLED CONTEMPT OF COURT. A JUDGE SIGNED OFF ON THE SUMMONS AND DEMANDED THAT YOU APPEAR, IF YOU DON'T COMPLY DO YOU THINK IT'S JUST GOING TO GO AWAY? YOU HAVE THE OPTION, IN YOUR CASE TO FILE A MOTION WITH THE COURT ASKING FOR A CHANGE OF VENUE BECAUSE YOU ARE OUT OF STATE. NO JUDGE IN THIS WORLD WILL REQUIRE YOU TO TRAVEL ANY UNREASONABLE AMOUNT OF DISTANCE FOR A SMALL CLAIMS CIVIL SUIT, THEREFORE THE CASE WILL EITHER BE THROWN OUT OR THE COMPANY WILL WASTE THOUSANDS OF DOLLARS TRANSFERING THE CASE TO YOUR LOCATION. YOU WILL STILL OWE THE MONEY BUT YOU PRETTY MUCH CUT OFF ANY COLLECTION ACTIVITIES THEY CAN DO AT THAT POINT.

Further, if the contract initialized in a state which you no longer reside, and they DO obtain a civil judgement against you, THEY MUST HAVE THE JUDGEMENT DOMESTICATED IN THE STATE YOU NOW RESIDE. Simply speaking, they must file the judgement in the state and county's courthouse where you live NOW. This costs a ton of money and more likely than not THEY WON'T TAKE IT ANY FARTHER, depending on the balance that you owe. If the judgement IS domesticated, they MUST comply with THAT states laws regarding civil judgements, statue of limitations, community property state/or not, garnishable state etc. there are many factors that come into play that's why companies WON'T bother with the domestication, it's very costly and risky. If they choose NOT to domesticate, does not excuse you from owing the money, they just can't garnish your wages, put a lein on any of your property, levy your bank account(s) or proceed with any collection of this judgement other than simple communication such as a phone call or mail soliciting YOU PERSONALLY for payment you can refuse at any time and there is nothing they can do. They have the right to attempt to collect the debt, but unless the judgement has been domesticated they can't TAKE any of your property, assets or money. Also the debt will remain on your credit bureau as a derogatory reporting, AND the civil judgement WILL remain on your credit bureau for up to 10 years; and believe-you-me, they WILL make sure that they keep your negative or lack of payment of this debt updated EACH AND EVERY 30 DAYS as they feel this gives them some POWER....

This is not so much directed at YOU, but one of the people who responded to your original post and to ALL the other people who try pretending to be smart and ramble on and on about the Fair Debt Collections Practice Act and how much they "THINK" they know so here it goes in a blunt net shell....

CNAC IS COLLECTING THEIR OWN DEBT...THEY LOAN THE MONEY....THEY COLLECT THE MONEY....THEREFORE THEY ARE NULL AND VOID FROM OBEYING ANY ASPECT OF TEH FDCPA...THEY CAN CALL YOU AT 3:00 IN THE MORNING FROM THE BAR WITH THE MUSIC FULL BLASTAND COLLECT MONEY FROM YOU IF THEY WANT. THE FDCPA ONLY PERTAINS TO 3RD PARTY COLLECTIONS. THIS MEANS THE COLLECTION AGENCIES COLLECTING MONEY FOR HOSPITALS, MORTGAGE COMPANIES WHO PURCHASED THE MORTGAGE FROM YOUR ORIGINAL LENDER AND CREDIT CARD COMPANIES PLACES LIKE THAT; COLLECTING SOMEONE ELSES' MONEY; FOR THEM. THEY ARE THE ONLY ONES REQUIRED BY STATE AND FEDERAL LAW [WHICH EVER IS GREATER] TO FOLLOW THE FDCPA. THIS IS PUBLIC INFORMATION, FREE TO THOSE WHO WOULD LIKE TO LEARN OR NEED TO LEARN MORE....http://www.ftc.gov/os/statutes/fdcpajump.shtm

I wish I would have been aware of your posting sooner I could have helped you instead of allowing you to be misled by others who....well you understand....

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#4 Consumer Comment

Don't listen to these guys.

AUTHOR: Tec59 - (U.S.A.)

I had a car financed with CNAC/JDByrider and these people are very bad people to deal with.I was later 1 day and they wanted to repo my car that I had had for over a year with no late payments,All were made a day or two early or on the due date.FYI they can not arrest you for having to turn back In your car or having It repoed.They can have a collection company call you and harass you for this debt but that's all.But If you get a letter from an attorney or courthouse then you can call and talk to the people who sent you the letter,NOT CNAC they can't do anything to you...Good Luck I hope this helps...
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#5 Consumer Comment

Repo Terrorists

AUTHOR: Michael - (U.S.A.)

First of all, you are not going to jail. They are threatening that in order to intimidate you into paying. It's an empty threat so tell them to get lost.

Secondly, if you have been served a summons, then you are obligated to appear in court listed on the summons. The POS repo guys telling you that you are to show up on some court somewhere is just ridiculous. And completely false. Only a process sever delivering you a paper from a court can compel you to show.

Finally, read the federal laws on debt collectors. Me thinks you have some cause of action against these clowns. Mostly for threatening you with an action they cannot legall take (arrest).

Again, don't let these guys push you around. And DO NOT talk to them on the phone. Make them communicate with you in writing ONLY.

Cheers!!
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#6 Consumer Comment

Try Legal Aid

AUTHOR: Robert - (U.S.A.)

You might need a lawyer after all.

If they file a lawsuit against you and you don't show, they will obtain a default judgment against you. After they get the default judgment, nicities such as wage garnishments, propertie liens and such can follow is they request enforcement orders from the court that grants the judgment.

Your difficulty is you're in a different state because you MOVED. They have every right to sue you in the state/county where the debt was incurred.

IF you receive a summons to appear in court DO NOT IGNORE IT. Send a reply to the court yourself if you need to, but a reply from an attorney would be better.

I urge you to consult with an attorney.
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