Legal Question in Consumer Law in Arkansas

Small Claims Default Judgement

I had my car worked on and when I picked it up, it was not fixed. I put a stop payment on the check and took my car elsewhere and got it fixed. The mechanic filed against me in small claims court. Court date August 26, 2003, that date he couldn't go, date was rescheduled to Sept 16. That date he called saying he was sick. I never received a rescheduling. He went to court on Sept 16, I did not. A default judgement was issued against me. I don't know what date that was. I haven't received anything since. November 26, the sheriff's dept came to my house to repossess my car. I was not home. They give me until November 28 to pay the $340 judgement or else they say they will repossess my car. Can they repossess my car when a financial institution still has a lien on it? Also can I make payments on a default judgement and to whom?


Asked on 11/27/03, 1:21 pm

1 Answer from Attorneys
Harvey Harris Harris Law Firm

Re: Small Claims Default Judgement

First of all, you need to find out why you didn't know about the hearing when they got a default judgment against you. Depending on where you are, you may need an attorney to help you. You can request to make payments on a default payment but that would be up to the court or even the person you owe could give you a break. The financial institution that has a lien on your car can likely force a sale of your car if it is picked up by the sheriff. You need to contact an attorney in your area to see if you can get anything done about you not knowing about the hearing.

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Answered on 11/27/03, 10:15 pm


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