My husband purchased a vehicle while on active duty in Virginia back in the 90's. We went through hard times while living in California and the car was legally repossessed (legally because he didn't make the payments, and it was picked up by a tow company on the street - if you don't want your car legally repoed keep it behind a fenced location, then they can't trespass to take your car... They can take it from your driveway though in CA...).
Then the harassment and illegal actions started. They never sent us a letter stating that the car could be retrieved if we paid the tow fees and the default amount owed. They failed to send a letter stating where and when the car was to be auctioned. They only sent a letter stating that the vehicle was auctioned... After the fact. (The car had a Blue Book value of $8500 based on the mileage - 53000 miles - and not a knick or scratch, but they state that is sold for only $2500). They called at all hours, we received calls at 5:30am our time. They stated numerous times that they didn't care that they broke California law. They called friends and family members and stated that they were a creditor trying to track my husband down (illegal - they can only verify your address and can not state that they are a creditor; besides, they already knew where he lived). I saw an old fat white attorney in our city (can't remember his name or I would state it here) that said there was nothing I could do. (b.S. As they were harassing me at the time - my then boyfriend was safe at work with his cell turned off.) We sent them letters as you are supposed to do telling them to stop contacting us by phone, but it did not work. They continued to call for months.
They filed a law suit in Virginia in but they never sent my husband any paperwork - it was illegally filed - and I think my husband found out about the judgment years later when he checked his credit report. (It was passed the statutory two years and so he could not send in a motion for appeal of default judgment.) Now, 8 years later that have sent a motion for garnishment... With interest. We have never received a single letter stating that we owed them any money, but now we are supposed to pay interest. H@$l no.
I have found out they lost a big case in Ohio (and numerous little cases in beween) for the exact same illegal bahavior. Unfortunately, I will have to pay unless I can prove that the original case should be found void. We have lost for now, but please don't fall for the same crud in your state. DO NOT DO BUSINESS WITH TIDEWATER MOTOR CREDIT AKA TIDEWATER FINANCE CO! If you have, and are now in the same position, please do not let them get away with it. Show up or send a letter to their court in VA stating their illegal behavior, and countersue for the harassment. Second, sue them in your jurisidiction for harassment and violation of your local state laws. Not enough people do this when they should. Don't let the man keep you down!
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