I bought a car and two years ago I returned it to Ford because I lost my job and was not able to pay. I have since gotten a car with very high interest rate so I could get a job. I am now making 1/3 of what I use to. Ford Motor has contacted the current people how gave me the car and ask for a copy of my credit application, copies of any paychecks I gave to the current people and a copy of my drivers license. Does the current lender have to do that and is it legal for them to do that if I say no?
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Thank you.Does the current lender have to do that and is it legal for them to do that if I say no? ANSWER: Unless the former lender subpoenas such records in the course of a lawsuit, your current lender typically has no legal obligation to produce such records.If you inform the current lender that you do not wish for such records to be disclosed to a third party, then they must typically honor your request or risk being sued for invasion of privacy and potentially other causes of action.Drafting a letter and sending it RRR is a very good course of action to take under the circumstances. You may want to send a copy of the letter for the former lender as well so they are made aware that you have not consented to the release of such records.
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I just wanted to add that if the company presses the issue, you may wish to file a complaint with the state consumer protection agency or retain an attorney if necessary.All the best to you.
Ford Motors send a copy of their judgment case number XXXXX not a subpeona. This was all sent regular USPS. Does that pose a problem?
Yes. If they have a judgment, then they are a judgment creditor. They would typically need a subpoena or court order to permit them to obtain such records from your lender, but ultimately, they will be able to obtain them since they have a judgment.They probably wish to find out where you work and how much you make so they can get an order to garnish your wages.
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