- Report: #1435384
Complaint Review: FORD CREDIT -
Reported By:
kevin -
Peyton Colorado, Colorado, United States
Submitted:
Updated:
-
Author Confirmed
Why?
FORD CREDIT
United States
Web:
FORD CREDIT
Categories:
Business Rating:
(0)
Tell us has your experience with this business or person been good?
FORD CREDIT I LEASED A 2008 FORD FUSION, IT WAS VOLUNTARILY SURRENDERED BECAUSE I COULD NOT CONTINUE MAKING THE PAYMENTS.. THIS WAS 2009... JUST YESTERDAY MY ( BOYFRIENDS ) BANK ACCOUNT THAT I AM ON, WAS DEPLETED AND LEFT WITH A $ -2.50 BALANCE. FORD CREDIT GARNISHED ME AND TOOK THE MONEY OUT OF THE CHECKING ACCOUNT.
FORD CREDIT I LEASED A 2008 FORD FUSION, IT WAS VOLUNTARILY SURRENDERED BECAUSE I COULD NOT CONTINUE MAKING THE PAYMENTS.. THIS WAS 2009... JUST YESTERDAY MY ( BOYFRIENDS ) BANK ACCOUNT THAT I AM ON, WAS DEPLETED AND LEFT WITH A $ -2.50 BALANCE. FORD CREDIT GARNISHED ME AND TOOK THE MONEY OUT OF THE CHECKING ACCOUNT. I DO NOT WORK, MY BOYFRIEND HAS HIS CHECKS DEPOSITED WEEKLY. THE FAIR DEBT COLLECTION ACT HAS BEEN VIOLATED.. THE STATUTE OF LIMITATIONS ON COLLECTING AN AUTO LOAN IS 6 YEARS IN THE STATE OF COLORADO. THIS IS INSANE. I WILL FIGHT THIS ALL THE WAY... WRONG IS WRONG... COLLECTING ON AN ACCOUNT PAST THE STATUTE OF LIMITATIONS
1 Updates & Rebuttals
Robert
Irvine,California,
United States
A few things
#2Consumer Comment
Fri, June 29, 2018
First off just because you turned in the car does not mean you get to just walk away. You are still held to the terms of the contract including any deficency balance.
You are correct in that the SOL for the CONTRACT is 6 years. However, the only way they can attach a bank account is with a judgement and depending on the court they got the judgement in, that can be 6-20 years from the date of the judgement. Most companies will wait until shortly before the SOL expires before they file suit, so this suit was probably filed sometime in 2014-2015, meaning it would still be collectable. It doesn't matter where the money comes from or who's money is in the account. If your name is on the account they can take it.
Your only chance here is to look at the judgement. If you were not properly served, you could work on getting the judgment vacated. This would release the funds back to the account. The SOL would have tolled(paused) so they would then also have an opportunity to sue you again and you could be in this same boat in a few months anyways. Now, if you were served and just decided to not go to court, or you went to court and lost there is nothing you can do now. If you honestly don't know about any suit then you need to get a copy of the attachment order from your bank and track down the court information.
One final thing. If there is still money owed on the judgement, any money put into this account will also be taken. So you must consider that account
obsolete and until you get this straighted out do not open or put yourself on another account. As if you do it would be subject to seizure as well.
Good Luck
You are going to need it.
