Legal Question in Credit and Debt Law in Texas

Reposession

I had a voluntary repo about 2 years ago. They sold the vehicle, but was about 9K short. They want me to pay. I just now receive a letter from Constable stating that I am notified to call immediately to discuss payment of an execution of judgement. If they don't hear from me, they will proceed to seize any property found belonging to me according to the law. Can they legally do this over a repo that was voluntarily?? Please help.

Thanks


Asked on 4/10/02, 3:29 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Reposession

Missing from your story was the fact that a lawsuit was filed against you for the deficiency and a judgment taken. Did this happen without your knowledge? Didn't you receive service of the lawsuit? If not, why not? Did you move between the time you took out the loan and the notice of execution? A judgment is not valid if not properly served with notice of the lawsuit. They can certainly execute their judgment if it is valid. You would be wise to contact a lawyer if you want the questions above properly answered and dealt with.

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Answered on 4/10/02, 6:15 pm


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