• Report: #585614

Complaint Review: Ford Motor Credit Co

  • Submitted: Thu, March 25, 2010
  • Updated: Fri, March 26, 2010

  • Reported By: Cheryl — Holbrook Arizona United States of America
Ford Motor Credit Co
14441 Rotunda Dr Dearborn, Michigan United States of America

Ford Motor Credit Co Garnishment 9 years later! Dearborn, Michigan

*Consumer Comment: Comments..

What's this?
What's this?
What's this?
Is this
Ripoff Report
About you?
Ripoff Report
A business' first
line of defense
on the Internet.
If your business is
willing to make a
commitment to
customer satisfaction
Click here now..

Does your business have a bad reputation?
Fix it the right way.
Corporate Advocacy Program™

SEO Reputation Management at its best!

After split from husband, our car in his possession was repossessed in 1998. He was the main signor. I received a wage garnishment in November of 2007-after I returned back to work from maternity leave!  The original owed debt was around $6000.00 after repossion and resale of the vehicle. But at the time I was served in 2007 the amount almost tripled to $16000.00 with 21% Interest that won't stop unless I make a $4200.00 payment.  According to their attorney I have to pay 200 X 21% in order for them to stop the interest.  Each time I make a payment of 15% of each pay check (twice a month) immidiately following the payment deducted is  big fat interest of 21% added.  At this rate it would take me 30+ years to finally pay off this debt!  I asked them to hold my ex husband accountable as well, which they said they couldnt due to statute of limitaions running out on him?????  Even though they have had his current mailing address all these years except for while he was incarcerated. I told them upon filing divorce, I included that 1 major debt as equally owed half and half-not all owed by me-a single mother raising his 2 kids and my new little boy trying to make ends meet. Too Bad! They did tell me I could counter sue as soon as I paid off the debt and have him pay me back 1/2 of the debt. (Note: I Can RARELY get Child Support from him-like 6 payements in 12 years!) What about statute of limitaions that should've ran out on me long ago.  I don't have a problem with paying 1/2 the debt after all I was married to him and 1/2 responsible.  But good greif I am the only sole person being held accountable!  PLEASE STOP THE INTEREST!!!!  Help? Is this even legal???

This report was posted on Ripoff Report on 03/25/2010 06:24 PM and is a permanent record located here: http://www.ripoffreport.com/r/Ford-Motor-Credit-Co/Dearborn-Michigan-84120/Ford-Motor-Credit-Co-Garnishment-9-years-later-Dearborn-Michigan-585614. 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.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

Click Here to read other Ripoff Reports on Ford Motor Credit Co

Search for additional reports

If you would like to see more Rip-off Reports on this company/individual, search here:

Search Tips
Report & Rebuttal
Respond to this report!
What's this?
Also a victim?
What's this?
Repair Your Reputation!
What's this?
REBUTTALS & REPLIES:
0Author 1Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Comments..

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

Right off the bat you need an attorney.  While you should have at least consulted one in 2007.  You now definatly need one, as there are probably a lot of details that are being left out.  When you do be sure to bring EVERYTHING you have from the Divorce Decree to anything on the suits and garnishment orders. 

Just some other general comments that may give you things to look into.

First there is no "major signer" on a car loan.  You were a co-signer and thus equally responsible for the loan.  To be totally honest with you the reason they proably went after you was because you probably make more money to where they could actually collect on any judgement.

What did the divorce decree say?  Who was responsible for the car loan.  If it states he is fully responsible, you can go after him for the full amount you are having to pay.  If it states you are both responsible for half then you could go after him for half.  I don't even think you would have to wait until the debt is paid.  Now, if it does not say then your attorney probably dropped the ball as that is a major debt that should have been included.  Because you don't want this to come back to you saying you were 100% responsible for it.

Once a car is reposessed any deficency balance usually falls under the UCC, which has a 4 year Statute of Limitations.  Were you served with the original suit or the garnishment order in 2007?  If it was the original suit, then yes most likely it was out of the SOL.  Unless your ex had decided to make even a single payment within the last 4 years.  So not sure exactly what you can do now.

Now if by chance in 2007 that was the Garnishment Order, were you ever notified of the original suit?  If so did you go to court to defend yourself?  If you didn't even know you were sued until you got the garnishment order, you need to do some research.  This includes contacting the court the original suit was filed in(you can track it down through the garnishment order).  From the clerk of the court you are interested mainly in the "Proof of Service".  If you can prove you were not served properly you can file a motion to have the judgement vacated.  If granted this can remove the garnishment order.  Now, they can re-file the suit but you would then get your day in court to defend yourself.  Including bringing in items such as if the SOL has expired.

Oh and states take a very dim view of parents who do not pay child support.  I bet just the threat of you turning him in to the local DA may lossen his pockets.  Because depending on the situation they could revoke his drivers licence, or in some cases put him in jail. 

Respond to this report!
What's this?
Report & Rebuttal
Respond to this report!
What's this?
Also a victim?
What's this?
Repair Your Reputation!
What's this?
X