Legal Question in Credit and Debt Law in Michigan

well here's the story ... last night someone tried to take my daughters truck from her right then and there (which is paid off) because she owes on a credit card that she didn't remember anything about from when she lived with the father of her 3 year old child. The truck was NOT listed as collateral ( she bought the truck last year and the credit card was from before she had her baby) This guy (who said he did not work for the credit card company she got the card through but worked for a company who bought the account and was trying to collect on it) ... he told her she had to come up with $1100. right then or he was going to take the truck but after she told him that she needed the vehicle to get to her job because she was a single mom, he said he'd tell his boss he did not see the truck and he would come back next week 'IF" she could try to come up with the money. She said he showed her what looked like a court document but DID NOT give her a copy of it and it did not say what credit card company it was for so she is not really sure .... also if it was a court document why is it she never received a court date or anything like that about this matter ?? shouldn't she have the right to be present to a court date on this matter?? .... how can they repossess a something not listed as collateral??? I am not sure if we should call the police when he shows up again or call a lawyer (which we can't really afford) or what?

He came earlier in the day when she was gone and my husband told him she was hardly ever here ... he must have been waiting down the road for her to show up with the truck, because when she pulled in the drive way he pulled in right behind her and it sounded like he wasn't from our town/area.


Asked on 1/06/12, 8:24 am

2 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

There had to be a lawsuit and a default judgment. After that, the plaintiff has the right to seize assets including vehicles. Look at the paperwork and check with the court to make sure it's legit, but it sounds like it. Tim Klisz. Kliszlaw.com

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Answered on 1/06/12, 8:29 am


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