Legal Question in Consumer Law in Washington

Ford Motor Credit Judgement

My wife has a judgement for a previous car that she was purchasing from Ford. They repoed it and apparently sold it for higher than what she owed and they said she owed nothing. A year or two later she received a judgement for the full amount of what she previously owed on the vehical. Is there anything we can do without going to court? Maybe a letter requesting information showing proof of sale or not?


Asked on 1/18/07, 11:12 am

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Ford Motor Credit Judgement

I think you are confusing the collateral and the loan.

If your wife (and you) signed an agreement promising to pay $, and didn't do that, you breached the contract.

The car owner has a duty to mitigate his damages and attempt to re-sell the car to realize the benefit of the bargain he made with you.

But you still have a duty to pay the loan, even when they re-possessed the car.

"doing anything without going to court" is not going to solve your issue. If you truly cannot afford to deal with this judgment, you need to consult with bankruptcy counsel.

Or I could just be misunderstanding your question. Did they send a letter saying she owed nothing? If so, find it and send a copy to the person who is now claiming they have a judgment.

Hope this helps. Powell

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Answered on 1/18/07, 1:40 pm


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