Auto Deficiency Lawsuit Victory!» Print This Page
- November 28, 2010
- Cases, Debt Collection Lawsuit Defense, Lemon Law / Car Problems
Our client retained us when he was served with a writ of garnishment that tried to seize his wages. Unknown to him, there had been a judgment entered against him about 17 years ago in County Court. Our research revealed that the judgment stemmed from an automobile deficiency lawsuit following a repo. However, we discovered that the law firm for the auto finance company had not followed the proper procedures for serving the lawsuit on our client. Because of this failure, he had never been made aware of the lawsuit, and a judgment had been entered against him by default without his knowledge. Using Taras Rudnitsky’s experience as a Florida consumer protection attorney, we were able to get the judgment vacated (set aside as no longer legally valid) due to the plaintiff’s failure to follow the proper procedures.
The deficiency judgment had apparently been sold by the auto finance company to Cavalry, who hired the firm of Wagner & Hunt to collect on the judgment. Attorney Joanna Evans from Wagner & Hunt represented the plaintiff in this lawsuit.
Once we were able to get the judgment was set aside, we moved forward with vigorously defending the underlying deficiency judgment. Based on a review of the auto finance paperwork and our knowledge of the automotive industry, we were confident we would prevail on several of our affirmative defenses. These defenses applied even though the lawsuit was initially filed 17 years ago. As a result of our hard work, the lawsuit was permanently dismissed without our client having to pay anything.
If you have been sued in an auto deficiency lawsuit, or if you have had a judgment entered against you without even being notified of the lawsuit, we can help. We would be honored if you selected us for a free, no-obligation consultation about your rights as a consumer. Just call us at 386-444-3032, write to us, fax us, or contact us by email to ensure you do not lose your rights.Share This