how can a bank that has charged off a car, turnaround and put a lien on your license after its been charged off meaning they sold the loan and are no longer the holders in due course? what can be done about this? should i write a letter to the fl driver license department demanding proof of ownership and right to claim?
Country relating to Question: United States
State (if USA): Florida
Is someone else pursuing you on the loan since the original bank sold it?
no, the drivers license department says a lien has been put on license last month for repossession of the license by the original bank hsbc who has did the charge off on credit report over a year or two
Although they "charged off" the loan, this does not mean that you are off the hook. Unfortunately, they can still pursue you legally for that debt. The charge-off means that they write it off internally for tax purposes, and if they collect the debt from you, they have to add it back to their revenue stream. It does not mean that they no longer own your debt.
ok, legally for the debt but how can they treat it as a car debt and not just a debt since the car debt has been charged off, meaning how can they go to the driver license division and the courts
Did they actually sue you in court? If they did, then it does not matter what type of debt it is, if they obtain a judgment from the court, they can report it to the state and have your license suspended or revoked until the judgment is satisfied. This is fairly typical for all types of debts/judgments.
exactly, and no, nothing in court!
When you say that they put a "lien on your license", are you referring to them filing something with the DMV to suspend your license until the debt is paid off? Or something else? If the former, then it is likely that they have filed a lawsuit against you. If you never received the summons and complaint, you need to get a copy of the judgment, and then make a motion to the court to vacate the judgment because you were never served with the summons and complaint and thus the court never obtained personal jurisdiction over you. That way, any judgment that the bank is relying on to submit to the DMV is no good.
the dmv says they have put a lien to reposse the license, meaning the license is no good
Do you mean repossessing your car and title? Or your driver's license? Because your driver's license would be suspended or revoked, not repossessed.
yes suspended, and if i try to renew them they will take the actual license
Adrian,Okay. If they are trying to suspend your license, it means that the bank has a judgment against you. You need to get a copy of the judgment (either from the bank or the DMV) and then file a motion to vacate the judgment as I stated earlier.
ok, but the problem is the courts never been notified by them or the courts as of such, but if there is a judgement out there, on what grounds would i like to vacate
i just looked at county records and there are no judgements against me or anything dealing with this bank or car loan
Call the DMV and ask them on what grounds and bases the bank is claiming for suspension of your license. If based on the grounds that you were sued then you need to file a motion to vacaten the grounds that you were never notified and never served with the summons and complaint.
check courts, no judgements/ i believe i should write the dmv and instruct them to remove the lien until the opposing party proof up there claim by legal recourse only to show poof of standing, and due course, what do u think?
You can sue the bank, but you cannot compel the DMV to do anything. Your best recourse would be to contact the bank and demand that they remove the lien or you will file a lawsuit against them for an improper lien filing.
this is a letter ive constructed what do u think,
to whom it may concern: My name isXXXXX driver license number HXXX-XXX-XXXX-20, SS#xxx-xx-8341. I recently visited a local Florida independent tag agency and was informed that my license has a lien on them from HSBC auto credit, which I have never contracted with, I did have a loan with HSBC bank (which is a different legal titled corporation, meaning a different legal entity) which was satisfied as late as February of 2009. my statement is as follows HSBC bank is no longer the holder in due course of thus debt, and has no legal authority or judgments in the courts of the state of Florida to have any legal authority/position to impose a lien on me illegally through the Florida Department of Highway Safety and Motor Vehicles without legal proper due course, proof of claim which can only be ascertain through the state of Florida's legal courts by a judge and a final judgment. This is a constructive Notice to Florida Department of Highway Safety and Motor Vehicles, to remove any and all liens from the license record of Mary Heins, driver license number HXXX-XXX-XXXX-20 that have not been properly and legal qualified (since this would be a civil matter) through the civil courts of the state of Florida as to the the fair debt and collection practices act. thank you
That letter is very well written and should serve nicely.
10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
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