How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dwayne B. Your Own Question

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27084
Experience:  Began practicing law in 1992
11068102
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

Hello: My husband & I purchased a Ford Excursion financed

Resolved Question:

Hello:
My husband & I purchased a Ford Excursion financed thru Ford Motor Credit in 2004 while we lived in Florida. In May of 2006 we voluntarily surrendered the vehicle. In Dec. of 2006 my husband's job relocated us to Louisiana, which is where we still reside. We never heard anything from Ford Motor Credit about the surrender. Then on 9/13/2013 my husband's paycheck has garnishment for $263.00 which his payroll told him was in regard to Ford Motor Credit. We researched the public records online in Broward County, FL. & found 2 Summary Judgments against myself & my husband from Ford Motor Credit. One was recorded in 8/2007 & the other 1/2011 (this one is identical to the one from 8/2007, but has a seal.). We never were served these judgments for 2 reasons; we no longer lived in the state of Florida at the time of the judgments & the address used to serve us in Florida does not exit in Broward County. They used Yosemite St. & we lived on N.W. 21st St. We had live at the N.W. 21st St. address in FL. for over 15 yrs. before relocating to LA. Were any of rights violated during this process? What are our rights since the surrender took place 7 yrs. ago? Looking for some answers.

Thank you,
Pamela T.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

I need you to be a little more specific in your question(s) if you could. When we answer general ones like "what are my rights" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Dwayne B. :

There really isn't a question of "rights" when it is a private party suing a private party.

Dwayne B. :

However, you were entitled to be notified of any lawsuit(s) against you by being served with a copy of the lawsuit.

Dwayne B. :

Usually this means personal service but if they can't find you for some reason they are allowed to ask the court to do what is known as "substituted service" which is usually by publication in a newspaper.

Dwayne B. :

If Ford Motor Credit is actually the company that sued you then they probably did everything correctly although it is not guaranteed.

Dwayne B. :

If they, instead, sold the debt to a company like Midland then there is a very, very good chance that they did not do things correctly and you can file a Motion to Vacate the Judgment.

Dwayne B. :

The statute of limitations in FL on a written contract is 5 years from the date of your last payment or the surrender of the vehicle, whichever occurred later. That means that any lawsuit would have had to have been brought within 5 years.

Dwayne B. :

Also, a paycheck in LA shouldn't be garnished from a judgment in FL unless the FL judgment was filed in the LA courts to "domesticate it". However, many of the debt collection companies get a garnishment ordered entered for the wrong state and just don't tell the employer that and the employer withholds the money.

Dwayne B. :

It looks like the Chat function may be acting up so I'm going to switch this to a regular Q and A.

Expert:  Dwayne B. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 1 year ago.

The debt was not sold - Can the judgment be reversed b/c service of process had not been accomplished? As far as newspapers, since I have been living in Louisiana since Dec. 2006; before the judgments were recorded, I still would not have notified only if they used a newspaper in LA. This was not the case. Also, my husbands corp. office is out of Boston, MA. therefore he gets paid from that location. The regional office for his company is in Atlanta, GA. Do you need more info?


 


Pamela

Expert:  Dwayne B. replied 1 year ago.
Yes, the judgment can be vacated for lack of service. You would want to hire a lawyer there in Florida to file the motion.

No, no need for further information the law is the same in all states for this issue. The law wouldn't require them to publish the notice in every newspaper just the one in the county where you were sued.

What you need to do is contact the clerk and see if you can get a copy of whatever was filed in the case proving you were served or go ahead and get a lawyer and get them to look at the file.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27084
Experience: Began practicing law in 1992
Dwayne B. and 15 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 12 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.