Re: WOLPOFF & ABRAMSON threatening to SUE ME?

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I hear the statue of limitation is three years in North
Carolina. Have you hear this or had any dealings with this
statue?

On 10/25/07, Gary Ricin wrote:
> I'm not a lawyer, but I can offer the following that you could
> run by a lawyer:
>
> If you don't have any documented proof, then it will be tough
> getting anyone to listen to your argument regarding having
> received a verbal assurance from the dealership that
> surrendering the car would free you up from any loan
> obligation.
>
> Actually, I'm a little confused as to how the dealership would
> have known exactly how much they could have sold the car for
> when you spoke to them.
>
> Also, I'd say that, if Wolpoff and Abramson is involved, then
> the amount Chrysler claims you owe has already been inflated
> by W&A beyond recognition and it will continue to grow for no
> reason other than greed.
>
> W&A are criminals, and Chrysler should be ashamed to have
> anything to do with them. Even car dealerships should have
> standards.
>
> As far as garnishment of your wages goes, that usually follows
> a series of events that finish with a Court order being issued
> allowing the creditor to claim and receive a percentage of
> your salary from your employer before you even see it.
>
> There are limits to what percentage of your wages can be
> garnished, one of which is based on the national "minimum
> wage." Since minimum wage is going up, I'm not sure if the
> law will change, since a rise in minimum wage will mean that
> the amount people are allowed to "protect" from garnishment
> will, by default, go up.
>
> The post-judgment hearing to determine whether a creditor can
> garnish your wages and how how much usually includes some kind
> of means test, to see if you can pay the garnished amount and
> still meet your ordinary living expenses.
>
> It could be that your income is so low that you are what's
> known as "judgment proof." That means that the creditor knows
> that, even if it gets a judgment against you, the likelihood
> of getting any money out of you is remote.
>
> In this case, they will hold off going to court in the hope
> that your financial situation will improve enough that it's
> worth their while to get a judgment against you, or they will
> quickly sell the alleged debt to someone below them in the
> debt collection food chain.
>
> Ultimately, I'm guessing that the contract you signed to get
> the car had an agreement to arbitrate clause in it, which
> requires that you arbitrate any dispute that arises between
> you and the creditor -- which may or may not be Chrysler.
>
> (Although, if W&A used the word "sue," then maybe you aren't
> obligated to arbitrate. You might want to give the letter and
> any credit agreement you have another read to check this out.)
>
> If you do have to arbitrate, then this means that, sometime
> soon, you'll be receiving a notice of arbitration hearing.
>
> Since you're dealing with W&A, this notification will likely
> come from its partner in crime, the National Arbitration
> Forum. (W&A, NAF and MBNA are known to have been operating a
> fake arbiration award scam for years.)
>
> Be aware, though. It's quite likely that the NAF will
> deliberately mail this notice to a wrong address, so that you
> don't get a chance to respond to it. Then, after a couple
> months, the NAF will mail you (or to a wrong address) an
> unitemised arbitration award against you for some amount that
> is many times more than any actual debt that you might have
> ever owed.)
>
> You will have 30 days to file a challenge with the NAF to this
> award, assuming you even know that it exists.
>
> If you don't challenge it (and probably even if you do, since
> the NAF will likely ignore your challenge, anyway) the
> creditor will file a Motion to Confirm an Arbitration Award in
> your local court system.
>
> Since this is a document filed with the court, it will be sent
> to your correct address. This might well be the first you'll
> even hear about the "arbitration."
>
> At this point, you still have the option to challenge the
> mechanics of the arbitration, but not the actual arbitration
> award itself.
>
> If you look back over previous posts, there are many comments
> relating to lack of proof of service -- i.e. lack of proof
> that you were ever informed that an arbitration hearing was to
> take place and/or that any award was ever made against you --
> that yo might find helpful.
>
> It's probably worth your while looking back over those.
>
> The main thing,though, is that you stay involved in the
> process, research your options and resist these criminals
> every step of the way.
>
> Although the amount being demanded right now doesn't warrant
> hiring an attorney at this point, the debt will quickly
> increase to the point that it likely will be worth your while
> to hire a local attorney to at least go over your options with
> you.
>
> Good luck, and congrats on your baby.
>
> On 10/24/07, Edwin Fernandez wrote:
>> On 8/07/07, 12 wrote:
>>> Several years ago, I surrendered a vehicle to Chrysler.
>>> Before doing so, I called them and asked what my options
>>> were. I told them that I had a baby on the way, and that
>>> the truck was not practical anymore, and I didn't want to
>>> step up to a bigger monthly payment to get into something
>>> else. They told me to just surrender the vehicle at my
>>> nearest dealership, and that would work. I asked, "Will I
>>> owe anything?" They said no, that I would just surrender
>>> the vehicle and they would sell it again to recoup their
>>> losses.
>>>
>>> Well, now I'm getting letters from W&A L.L.P. telling me
>>> that they will sue. I don't own a house, or anything else
>>> very valuable, no cars in my name. And I don't think they
>>> can garnish my wages, can they?
>>>
>>> basically, I'm trying to find out how much validity I
>>> should give these people. I don't want to have a judement
>>> against me ... but I don't want to pay a $3k debt that I
>>> didn't exactly agree to, either.