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  • Report: #1103803

Complaint Review: AutoVest LLC

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  • Submitted: Mon, December 02, 2013
  • Updated: Mon, December 02, 2013

  • Reported By: Sommer — Fort Stockton Texas
AutoVest LLC
26261 Evergreen Rd, Suite 390 Southfield, Michigan USA

AutoVest LLC Suing over a vehicle that was a lemon &dealer told us to drop it off at dealership!! Southfield Michigan

*Consumer Comment: If you surrender a vehicle it is a repo

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 Back in 2007, we purchased a Chrysler that we started having engine problems with on multiple occassions that we took back to the dealer to look at & they couldn't ever find out what was wrong.

Due to the fact that I was pregnant, we spoke to the dealership & they told us to bring the car to them & surrender it & that they would take care of everything!! 

Needless to say, 2010 comes & we get a letter stating that we are being taken to court by this AutoVest Group over this particular vehicle & that we owe them over 17,000 still on this car!! 

We went to court in October 2010, where my husband & I showed up but no one from AutoVest showed up BUT the judge ruled on Autovest's behalf & wouldn't even hear our letter of dispute!!!! 

It's now Dec 2013 & our bank calls today to inform us that they have frozen all of our checking, savings & even our kids savings accts due to this debt collector telling them to garnish our accts & for the bank to show up in court over this matter!!! 

We are at a complete LOST & SHOCK because it's 4:30pm & we cannot get in touch with any lawyers to find out what to do & on top of all that, it's the HOLIDAYS!!!


This report was posted on Ripoff Report on 12/02/2013 09:05 PM and is a permanent record located here: http://www.ripoffreport.com/r/AutoVest-LLC/Southfield-Michigan-48076/AutoVest-LLC-Suing-over-a-vehicle-that-was-a-lemon-dealer-told-us-to-drop-it-off-at-deal-1103803. 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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#1 Consumer Comment

If you surrender a vehicle it is a repo

AUTHOR: FloridaNative - ()

Why did you surrender the vehicle? It is considered a repossession if you surrender the vehicle. A voluntary reposession is the same thing as an involuntary reposession.

The only way around it would have been for you to pay off the loan regardless of your surrender of the vehicle. Surrendering the vehicle does NOT extinguish your loan. Those are two separate things.

It appears the lender has a judgment against you for the difference between what you owed and the sale price of the vehicle you turned into the dealership. They had to sell the repo'ed vehicle to get some of their money to pay off your loan. There was not enough to satisfy the entire loan after the sale of your vehicle so the lender took you to court for the remaining funds.  Of course, interest and fees have been added to the amount and now the judgment holder has exercised their right to the payment of the judgment.

The time for you to have fought the judgment was at the trial you had in front on the judge in 2010. By the way, telling the judge the reason you didn't pay was because you were pregnant is not a good defense. Even telling the judge that the car needed too many repairs has nothing to do with the amount you owe on the loan. That's why the judge ruled in favor of the plaintiff, because you admitted to the judge you borrowed the money and you didn't pay it back.

You have had 3 years to pay off the judgment before the judgment holder got hold of your bank account. Since you didn't make any effort to repay, according to your post, the judgment holder took steps to get the funds out of your account. It is legal for any judgment holder to properly collect the funds.

The best you can do at this time is contact an attorney to represent you to make payment arrangements to pay off the judgment.

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