My name is Bill and I'm writing this for my girlfriend because she is at work and needs some help
About 15-20 years ago she signed with a finance company for two cars one for her and one for her exhusband who is now deceased. He was an alcoholic and rarely worked and so he never paid his share and the cars were repossessed. They told her they would let her know what the cars sold for and that amount would be deducted from the total amount owed. She continued making payments as best she could and stopped when she thought she didn't owe anymore assuming that if she still owed them anything they would send her an updated bill. She heard nothing from them until years later when they sued her and she met with them to talk and got talked into some agreement under threat and duress as they were telling her all kinds of horrible things that could happen to her if she didn't sign these new papers. It was Feb they sued her and she was told she had to go to court in orlando, fl about 50 miles from her home and if she didn't show a warrant would be put out for her, so she went alone. They threatened and coerced her into signing a new agreement without even really knowing what she was signing. One thing they told her is that she could go to jail. Again they told her they would find out how much the repoed vehicles sold for and that would be deducted and again they never told her so she kept making payments except she missed one payment and was immediately notified by the finance company, So she kept paying, but then stopped because she again felt she should be payed up with the repoed cars and the payments together. When she stopped paying this time she never heard from the finance company so she assumed she was payed up..
Now, 7yrs and 3 months without ever hearing anything from the finance company they suddenly claim she still owes them money and are going to garnish her pay starting this week. Qhestion: Is there any form that can be filled out to force the finance company to show what they sold the repoed vehicles for and proof that these amounts were in fact applied to the total amount owed. Also, It appears that Florida has an SOL on judgements for 7 yrs which it says they are renewable. Is this automatic or should they have had her go to court. It seems to me that the finance company should have been required to correspond and let the customer know that they are in arrears within a reasonable time frame rather than let the interest build for years until the customer is mainly paying the interest.
Unfortunately, She had been cleaning out old paperwork just a couple of months ago and thinking that she was settled with the finance company she threw out the paperwork. After 7 yrs I think most people would and I wonder if this is why the finance company waited so long to say anything.
Flwoodsman
Paisley, Florida
U.S.A.
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