Re: WOLPOFF & ABRAMSON threatening to SUE ME?

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http://www.carreonandassociates.com/articles/statute.htm#North_Caro
lina

On 11/08/07, Joy wrote:
> 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.