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This Is A Duplicate Post - I Need Some Help

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Chien

Senior Member
This is a duplicate post, and I’ll take the consequences for the sake of some assistance. I’m posting in the Debt Collection forum, where I normally post, and in Child Support. I follow the Family Law board. I don’t feel that I have the expertise to meaningfully contribute, but the regular posters seem as informed and committed as any on FA, there are child support issues involved here and I’ll take help from any interested source.

Because this is a long post, I’ll cut to the bottom line, but I’m hoping you’ll read on. I’m looking for a media contact for a “personal interest” story that might assist an OP in Kentucky. Simple as that. I’m also receptive to any other suggestions, and have opened Private Messaging (for newcomers, that’s in the menu at the lower right).

I’m an attorney in So. Calif. Almost since I began posting on FA, I’ve also worked off the board with some OPs who needed more assistance than was available via the Q & A of posting. This concerns “Jane Doe”, who first posted in the Collection forum. I’ll let a portion of a letter from Jane to a collection law firm summarize the problem:

“On June 25, 2001, two weeks after separating from my now ex-husband, I went to a small buy-here-pay-here lot in Nicholasville, Ky. At that time I had a 7 year old, a 3 year old, and a 1 year old and had no transportation to get to work, get them to daycare or school. I found a car and traded in a minivan that I had at the time that had a bad engine.
All went well until about six days later when I had to have the car towed because the engine was smoking horribly. At that point I called the car lot and told them what happened. They told me they would come and get the car from my house, where it had been towed, and take a look at it. After doing that, they told me that it had a cracked head and that their mechanics would rebuild it to correct the problem. I was told to come back a week later, which would have been a Friday, and pick up the car.
When I went back to the lot to pick up the car, I was quite surprised to find it empty. By empty I mean that there was not a car on the lot, the office was empty of all evidence of inhabitance. Two days later a tow truck brought the car to my house and parked it in my driveway. When I went out to talk to the driver and looked inside the car, I can't even begin to explain the shock that I felt because the engine was sitting in the front seat.
It was at that point that I called Credit Acceptance Corporation and told them about the entire situation. Unfortunately, they were not very understanding.”

Jane receives sporadic support payments. Because one of her children is disabled, she also receives disability payments. She works full-time and also goes to school at night to improve her ability to be a single Mom and care for her family. She doesn’t and hadn’t incurred bills that she couldn’t pay; she goes without. But she couldn’t buy two cars in the space of a week. So, because KY has no “lemon law” and Credit Acceptance Corp. didn’t choose to chase the dealer or look the other way, Jane was sued for a deficiency balance, by the firm of Lloyd & McDaniel. A default judgment included $4,300 in finance charges, exclusive of post-judgment interest at 22% APR.

On top of the auto dealer skipping out, Jane had purchased a $900 warranty package and was told that it didn’t cover the engine burning up. When she posted, she owed close to of $10,000 for a car that had sold for a “commercially reasonable” $150 a week after purchase. She had permitted wage garnishments and the creditor had received $3,500. The law firm decided that wasn’t fast enough and levied on a bank account, seizing the support and disability funds. That’s when Jane posted.

We went through the exemption process and funds were eventually released, but not before Jane was without water for a day (the creditor could have done it faster.) I spoke to the law firm, as did Jane, and there was an offer to accept $3,139.82, 50% of the remaining balance, in settlement, if paid within 30 days. For Jane, it might as well have been $1,000,000. She offered to let them keep the support and disability that they had seized (about $1,400), if they would only settle, and it was rejected.

I tried to get assistance. I spoke to 4 KY Legal Aid offices and NACA. They offered advice but they couldn’t help. I made an effort to get public attention for Jane’s inequitable plight. I spoke to two broadcast journalists that I knew and wrote to two print journalists. I was given KY broadcast contacts and spoke to them. I spoke to a KY television station. Several expressed interest but a story hasn’t happened yet. Garnishments resumed, Jane can no longer afford daycare, affecting work and school, and I’m about to start again. The creditor and law firm are perfectly within their rights but, as a commercial collection attorney, I’m ashamed to be telling this story and have said that to media contacts. I’m open to introductions to new contacts and to new suggestions. I’ll take it from there.
 


Debt Guy

Senior Member
Chien

You might try to speak to the local KY Salvation Army and United Way. You might have better luck with the media if someone locally would get involved. Or identify a white-shoe law firm and try to convince one of the partners to sic an associate on this pro bono -- would be good pr for the firm.

Is there a reason this person has not considered bankruptcy? Cost a barrier, I suspect.

I agree with you that the collection firm is entirely within their legal rights. But, they and the creditor should be ashamed.

Have you tried to speak with a high-up at the creditor?

This may not be relevant but has she filed a police report on the dealer -- surely you could spin this as fraud and mopery in the night. Does the Police or the DA have a consumer advocate?

The State attorney general might take an interest.

Local congressweasel? Mayor/City Council? Tis the season for pandering to the voters.

I don't have an contacts in KY. I'll give it some more thought and get back if an idea falls on my head.

Best wishes to this family. Thank you for caring for these folks. We need more people like you.
 

Chien

Senior Member
DG – I responded to the bankruptcy question in the Child Support forum. In short, you’re right and it was a negotiating point that I used in my discussions. But she’s in her 20s, has no other debt and this shouldn’t have happened. They’ve taken another $550 against the settlement number that I negotiated originally, and I’m hoping that I could get it there again, despite the missed deadline. If she can get some help and some consideration/concession from the creditor and law firm, I don’t want BK to be a necessity for $3K or less and something on her CR for 10 years, as she re-builds. I see BK discussed and endorsed in this forum for OPs with hardly enough time to accrue debt for “bad luck” and it angers and disgusts me. I don’t want that to have to be the reality for Jane. (Let me come back to the other points.)

(DG – I think you may be the funniest person on the board and don’t try and don’t know. It wasn’t the “Toga, toga.” I’ve seen and lived Animal House. But “search on gulfbreeze” still has me laughing. The memories and migraines.)

DC – you don’t open PM, so I’ll thank you publicly. What happens to the reputations of a debt collector and a collection attorney, if people find out that we actually care and respond to those who get thrown one of Life’s curveballs and still try to help themselves? In particular, your reputation here is toast – but I guess the perception can’t get worse for the forum’s designated scapegoat.

To you both – while I’m continuing my own efforts, there were over 150 views on the Child Support forum before there were 20 here. quincy was able to provide names and numbers for print and broadcast contacts – just incredible – and that’s occupied today and tonight. (But I’ve been there before so am also still looking.)

I spoke to “Jane”, after following up on the leads. We hadn’t been in contact for a bit, while I hoped my initial efforts would pay off. School is finished and she has her business degree magna cum laude. I went to school at night and ran a company by day. I know how hard that is, and I wasn’t caring for 3 kids as a single parent. I’ve never met her and still couldn’t be happier. She needs some breathing room to find a way to benefit from those skills. I truly believe, more than ever, that she should be out from under this and have a chance to realize her potential.

DG – your points are well-taken but, after years of doing settlement work in state courts and federal BK courts, I know where to go with creditor and collector – trust me. The creditor’s response was not unexpected, because I know who they are. The other alternatives remain open but, at this point, my objective is to give them the free publicity that I think they deserve. Merry Christmas, and ho, ho, ho. Here’s to your bottom line – I hope.
 
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Chien

Senior Member
Thank you for the views and the suggestions made and contacts offered from both forums. I remain open to and appreciative of all assistance.

bump.
 
While I have nothing of any value to contribute to this particular situation, I'd just like to say that I hope it works out. It's a crappy situation and I feel incredibly sorry for Jane and her kids. She was swindled - plain and simple. I hate hearing about situations like that.

Crossing my fingers for you Chien - Good luck. And know Karma is looking favorably upon you for what you are doing to help Jane.
 

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