Karl
Highlands Ranch,#2Consumer Comment
Sun, April 25, 2010
when she went to buy a car.
Jim
Orlando,#3Consumer Comment
Sun, April 25, 2010
Going on only what you said in your posting...
I question how your ex can ask for and receive a reduction in child support with you having six kids...meaning...I wonder what sort of fraud techniques he used to trick the authorities?
Apparently Chrysler Financial felt their security, the car, was at risk or there was no chance you could come current. You did say you were several months behind. When they do a repo, the finance company will sell the car at auction to get at least something for it and then go after the creditor (you) for the rest of the contractual amount. For example, if what you owed at the second of repo was $17,000 and they sold it at auction for $5000, they will come come after you for the $12,000 at the minimum plus fees and costs. There is nothing illegal about this. The Court takes the position you signed a contract to pay them "X" dollars and therefore the finance company has a right to go after you for the "X" whether or not you have possession of the car.
I don't think there's not much you can do now other than damage control, and there will be damage to your credit, a repo is a serious matter. $12,000+ is a large enough amount for them to sue you. If that should happen, and they prevail, depending on your state they may be able to garnish future wages and attach bank accounts. From a legal point, the fact that you had a C/S reduction isn't a factor, (although as a practical matter we know it is!). The Court and finance company will take the position you should have managed your finances appropriately to handle the reduction and the Contract you signed doesn't have a "Reduction of Child Support Contingency" clause!
One more point I almost forgot above, if you are sued and your state does allow garnishment, you may be able to avoid that by taking advantage of special Head of Household status. You don't need at attorney to claim that...just follow whatever directions the Court provides. In that case, Chrysler would get little or even NOTHING!!!
In conclusion, for the sake of your children, please dig deeper into the ex's case for reducing child support. Many ex's will ask for reductions by not proving ALL their income!
SHALOM!
rippedoffmom
Bridgeville,#4Author of original report
Sat, April 24, 2010
Also, now they're telling me i owe $19,000!!!