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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Consumer Protection Law
Satisfied Customers: 41221
Experience:  Licensed in PA & NJ, Experienced attorney.
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My husband and I had a car repossessed around 1994. We were

Customer Question

My husband and I had a car repossessed around 1994. We were loosing our house and our car. Ford Motor Credit won a judgement against us then. We have never had the money to pay off the $5000.
Now and then the attorney's office will send a letter of demand. Yesterday, we got a letter that looks like a court document, demanding we turn over all our financial information to the court or be held in contempt of court.
Do we have any recourse?
We have a small church and a food ministry and just about lost everything we had starting this church back in 1990. Ford Motor Credit is tacking on high interest and will not even tell us what we owe.
We offered to settle the original $5000 at one time and they wouldn't accept it.
Our income tax shows that we only make $10,000 but I want to pay this. At least, I would like to pay what we owe.
We tried to give up the vehicle to them to settle and tried numerous time to trade it for a lesser priced car.
Is there anything we can do now?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
If I may ask, was this judgment out of Georgia or somewhere else? Also, did you ever formally say to the attorney that this was your debt and that you will pay it? When specifically was this judgment obtained against you? I ask because I am trying to see and figure out if this is so old at this point that they are not able to collect on it. Please advise.
Customer: replied 2 years ago.
Originally in Georgia, on or around 1993 or 1994. I don't think we ever admitted to their attorney owing this amount.There is no amount listed on the paper.It looks like a court document with a case number ***** us Listed as the defendant.However, it is only signed by their attorney and not a judge or clerk of the court.
Customer: replied 2 years ago.
There is a paragraph at the end that says that if we don't turn over the last three years income tax and last 3 months pay stubs and check registers in 30 days, we will be held in contempt of court
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your follow-up.
Here is what I found, and I suggest ignoring that document at least for the time being. In Georgia Judgments once obtained have a 7 year statute of limitations UNLESS they are renewed within the last year and the following 3 years. If within those 10 years the judgment is not renewed, it is forever closed and the creditor cannot collect on it. Therefore you may want to contact that courthouse which they are referencing and see if a judgment was indeed issued, and if it was ever renewed. Since you need to be informed upon renewal, if you do not remember receiving anything, chances are this is a bad judgment, or rather one that is no longer able to be collected. And in that case there is obviously no need to negotiate as they cannot pursue it against you.
Dimitry, Esq.