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  • Report: #288369

Complaint Review: Hosto, Buchan, Prater, & Lawrence, P.L.L.C. (Credit Acceptance Corporation)

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  • Submitted: Sun, December 02, 2007
  • Updated: Thu, June 11, 2009

  • Reported By:Little Rock Arkansas
Hosto, Buchan, Prater, & Lawrence, P.L.L.C. (Credit Acceptance Corporation)
6115 West Markham #20 Little Rock, Arkansas U.S.A.

Hosto, Buchan, Prater, & Lawrence, P.L.L.C. (Credit Acceptance Corporation) Garnishing my payroll check for a debt that has been satisfied Little Rock Arkansas

*Consumer Suggestion: This was a bad judgment....here's why

*Consumer Suggestion: This was a bad judgment....here's why

*Consumer Suggestion: This was a bad judgment....here's why

*Consumer Suggestion: This was a bad judgment....here's why

*Consumer Suggestion: Check your paperwork very carefully

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Hosto,Buchan,Prater, & Lawrence is garnishing my payroll check for "Credit Acceptance". I bought a lemon car in Flint, Michigan back in 1997. I return the car to the dealership in three days explaining why I don't want it. It was under warranty. The dealership accepted the car and ended the contract, and which I have a statement from them verifying this fact. On or about November 20th, 2007. I recieved a order from Circuit Court of Pulaski Conty, Arkansas stating that my check in now being garnish for the amount of $7,662.50 for the car that I mention above. I do not own any possession from this company nor do I feel that I should pay for something I never did possess and that the fact that the dealership agreed to ending this contract deal.

Michelle
Little Rock, Arkansas
U.S.A.

This report was posted on Ripoff Report on 12/02/2007 09:23 AM and is a permanent record located here: http://www.ripoffreport.com/r/Hosto-Buchan-Prater-Lawrence-PLLC-Credit-Acceptance-Corporation/Little-Rock-Arkansas-72203/Hosto-Buchan-Prater-Lawrence-PLLC-Credit-Acceptance-Corporation-Garnishing-my-288369. 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 5Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

This was a bad judgment....here's why

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

Michelle--

It says you live in Little Rock--is that in Pulaski County? For debt collection purposes, you can only be sued in the county you originated the loan in, or in the county you resided in at the time the complaint was filed against you. If neither of those applies, then they shafted you by filing in that county.

Further, there is a time limit for a creditor to file a lawsuit against you in order to collect a debt. In Arkansas, that time limit, known as 'statute of limitations', is only 5 years. You were sued well past the applicable statute of limitations. Problem is, you would have had to bring that up early in the case for it to do any good.

You also said that you got notice of garnishment--did you ever get served a summons at the start of the court case? If you didnt, then they illegally sued you. In cases like this, you could have filed an order to show cause/motion to vacate judgment based on improper service. Since the debt was so far past the SOL, you would have had a good chance of getting it all dismissed.
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#2 Consumer Suggestion

This was a bad judgment....here's why

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

Michelle--

It says you live in Little Rock--is that in Pulaski County? For debt collection purposes, you can only be sued in the county you originated the loan in, or in the county you resided in at the time the complaint was filed against you. If neither of those applies, then they shafted you by filing in that county.

Further, there is a time limit for a creditor to file a lawsuit against you in order to collect a debt. In Arkansas, that time limit, known as 'statute of limitations', is only 5 years. You were sued well past the applicable statute of limitations. Problem is, you would have had to bring that up early in the case for it to do any good.

You also said that you got notice of garnishment--did you ever get served a summons at the start of the court case? If you didnt, then they illegally sued you. In cases like this, you could have filed an order to show cause/motion to vacate judgment based on improper service. Since the debt was so far past the SOL, you would have had a good chance of getting it all dismissed.
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#3 Consumer Suggestion

This was a bad judgment....here's why

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

Michelle--

It says you live in Little Rock--is that in Pulaski County? For debt collection purposes, you can only be sued in the county you originated the loan in, or in the county you resided in at the time the complaint was filed against you. If neither of those applies, then they shafted you by filing in that county.

Further, there is a time limit for a creditor to file a lawsuit against you in order to collect a debt. In Arkansas, that time limit, known as 'statute of limitations', is only 5 years. You were sued well past the applicable statute of limitations. Problem is, you would have had to bring that up early in the case for it to do any good.

You also said that you got notice of garnishment--did you ever get served a summons at the start of the court case? If you didnt, then they illegally sued you. In cases like this, you could have filed an order to show cause/motion to vacate judgment based on improper service. Since the debt was so far past the SOL, you would have had a good chance of getting it all dismissed.
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#4 Consumer Suggestion

This was a bad judgment....here's why

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

Michelle--

It says you live in Little Rock--is that in Pulaski County? For debt collection purposes, you can only be sued in the county you originated the loan in, or in the county you resided in at the time the complaint was filed against you. If neither of those applies, then they shafted you by filing in that county.

Further, there is a time limit for a creditor to file a lawsuit against you in order to collect a debt. In Arkansas, that time limit, known as 'statute of limitations', is only 5 years. You were sued well past the applicable statute of limitations. Problem is, you would have had to bring that up early in the case for it to do any good.

You also said that you got notice of garnishment--did you ever get served a summons at the start of the court case? If you didnt, then they illegally sued you. In cases like this, you could have filed an order to show cause/motion to vacate judgment based on improper service. Since the debt was so far past the SOL, you would have had a good chance of getting it all dismissed.
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#5 Consumer Suggestion

Check your paperwork very carefully

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

Actually, you did have it for 3 days. FYI there is no 3 day cooling off period when purchasing a car unless your state has a particular statute that creates such a cooling off period.

It appears to me that what most likely happened is you took it back and they gave you some type of receipt to indicate a voluntary repossession. However, any repossession, voluntary or otherwise, you are still liable for the outstanding balance of the auto loan. What probably happened is they sold the car, and went to court to get a judgement against you for the outstanding balance of the auto loan as well as interest, legal fees and court costs.

The fact that you wages are being garnished indicates that they have obtained a money judgement against you.

Check whatever paperwork you have from them when you purchased the car and whatever paperwork they gave you when you surrendered the car. IF the paperwork states that the auto loan was absolved by you surrendering the car, then you have a case to make in court for an inappropriate garnishment.

Otherwise, I'm afraid you should consult with a competent attorney.
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