Judgement Question

[Anonymous]

Ok...so this is probably a first on this thread. I am helping one of my coworkers rebuild her credit. She has a judgement that she is currently paying on. The story is that she took her car to a local mom and pop dealership to get the car fixed. During the time the car was at the dealership, the dealership was raided for drug activity. Everything on the lot was seized. She never received the car back so she quit paying (young and naive) My question is can she petition the court with documentation of the seizure to release the judgment? Any help would be great.

[Anonymous]

i'm no legal expert and don't wish to play one on the internets, so i'll let others handle this.

i am just curious since the coworker has a judgement against them, there must have been a civil trial. why wasn't this brought up then?

[Anonymous]

With our court system a lot of times you dont see the judge. Your number is called they tell you the judge is swamped and you meet with whoever is representing who took you to court and they make you sign papers, unknowingly your signing papers of accountability...

[Anonymous]

In her case she said she did bring this up and he wasnt listening.

[Anonymous]

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@Anonymous wrote:
Ok...so this is probably a first on this thread. I am helping one of my coworkers rebuild her credit. She has a judgement that she is currently paying on. The story is that she took her car to a local mom and pop dealership to get the car fixed. During the time the car was at the dealership, the dealership was raided for drug activity. Everything on the lot was seized. She never received the car back so she quit paying (young and naive) My question is can she petition the court with documentation of the seizure to release the judgment? Any help would be great.

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I'm not certain that she shared the entirety of the story with you. Either that, or she's confused as to what actually happened. The story you gave doesn't seem to match what I know of the law.

If there was a raid, and property was seized, it would only be property owned/predominantly used by the defendant. Not property of uninvolved third parties. Further, even if they were somehow able to tie her car to fruits of the crime, or used in the commission of the crime, (which would be practically impossible if she wasn't involved), and were able to legally seize the car, they would have had to pay off the note prior to auctioning it. 

The story seems to be missing some parts. If nothing else, and some weird alignment of stars allowed this to happen as described, she should probably sue the dealership/owners/insurance to make her whole.

[Anonymous]

Having done a little work for the siezed property division of more than one government agency I can tell you she is NOT telling the whole story.  It goes back to was the car used in a crime or money made from crime used to pay  for it.  

[MrTom]

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@Anonymous wrote:

Having done a little work for the siezed property division of more than one government agency I can tell you she is NOT telling the whole story.  It goes back to was the car used in a crime or money made from crime used to pay  for it.  

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I agree, I thought only time police can take a car is if dirty money bought it; or if its being used for illegel activities which could be as simple as transporting pot.  I think you received the cliff noted version of the cliffotes.  If what you said were true,then everyone would be scared to park their car on any business' property fearing it would be seizeddue to a dirty owner.