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Ok here goes my second question,
So when I was younger my mom asked me to put a car under my name I agreed (there's really no telling my mom no) so my mom decided to sell the car, she said she would take care of selling it to whomever it was. Later my mom came to me and said to go to the DMV and take care of it, well between working full time and going to school I never made it to the DMV. In the end the people she sold the car to never made it to the DMV either, they left the car abandoned and a towing company towed the car and sued me for towing and storage fees. I'm really not sure what to do. First I was never "served" does this mean someone comes up to you and hands you legal documents? because if it is that never happened. So should I attempt to have it "Vacated" the only problem is that I don't live in CA anymore I live in KY if that makes a difference. From what I read it stays on to credit report for up to 10 years and and it is coming up on that mark, but if I wait it out I run the risk of being sued again. I think I'm in need of some guidance here, please if anyone can offer any help I would really appreciate it.
It can't stay on for 10 years, only seven. It can still be enforced for garnishment, but can't stay on your report.
@belvictoria wrote:
Ok here goes my second question,
So when I was younger my mom asked me to put a car under my name I agreed (there's really no telling my mom no) so my mom decided to sell the car, she said she would take care of selling it to whomever it was. Later my mom came to me and said to go to the DMV and take care of it, well between working full time and going to school I never made it to the DMV. In the end the people she sold the car to never made it to the DMV either, they left the car abandoned and a towing company towed the car and sued me for towing and storage fees. I'm really not sure what to do. First I was never "served" does this mean someone comes up to you and hands you legal documents? because if it is that never happened. So should I attempt to have it "Vacated" the only problem is that I don't live in CA anymore I live in KY if that makes a difference. From what I read it stays on to credit report for up to 10 years and and it is coming up on that mark, but if I wait it out I run the risk of being sued again. I think I'm in need of some guidance here, please if anyone can offer any help I would really appreciate it.
A judgment in CA is valid for 10 years and then can be renewed, but it cant be enforced in KY unless they first domesticate it there and that costs more money to do and then they would be subject to KYs laws on how a judgment gets enforced. In CA a judgment renewal must be presented to the court PRIOR to the original judgment expiring due to its SOL if its not then its done and no judgment exists on the debt anymore.
I read your reply and have been thinking about it, letting it sink in. (Thanks for your response by the way )
So, my biggest fear is that they do try to domesticate it (could this happen on a judgment of only $2,200?)
Also, it's due to come of my report soon July 2014. I'm scared that it will come off and be put right back on.
After it comes off should I chance trying to contact them and paying????
belvictoria wrote:.I read your reply and have been thinking about it, letting it sink in. (Thanks for your response by the way )
So, my biggest fear is that they do try to domesticate it (could this happen on a judgment of only $2,200?)
Also, it's due to come of my report soon July 2014. I'm scared that it will come off and be put right back on.
After it comes off should I chance trying to contact them and paying????
Anything is possible if the judgment holder decides its financially worthwhile. It does cost more money to domesticate and they have to follow your current states laws as well. Once the judgment runs its 7 years on your reports its done it cannot be put back on for any reason. Once its been excluded you can contact them and try to settle but I would be careful as there is apparently 7 years of interest that can be added to the judgment per CA law. I would find out the rate and figure out the true balance before doing anything.
Thank you so much! You've been so helpful!
I sent you a pm gdale.
Do you have the original bill of sale?
When that almost exact thing happen to me (sold a car to my GFs sister) she had it 1 day, pulled over and got it impounded. 3 days later I got a call saying I owed a crap ton of money whether I got the car out or not. I said thats not my car I just sold it and I could give them the number to call for who owned it. They called her and asked if it was her car, she said yes and I was off the hook. Didnt even need paperwork. We never filed to have the title transfered, Ive still got it. (because she still owed me another 450 for the car)
Its been awhile so it may not work or be different but its worth a shot.
You may be able to use bill of sale to the creditor to show that it was never your debt.
Thanks, that's good advice...
I'm going to try to look for it...
I tried calling the towing company and explaining my situation but they were such jerks, they pretty much told me it's not their problem and pay them the whole amount, and so I just tried to ignore it after that...but I'm coming up on 30 and for once in my life I would like to have decent credit....