Can I Get My Payment History and Judgment Lifted for a Repossessed Car?

Question from Alisha, Can I Get My Payment History and Judgment Lifted for a Repossessed Car?

Answer from AI:

If you financed a car through a finance company in Louisiana and it was repossessed in 2006, you may have several questions regarding your payment history and the possibility of having the judgment lifted. Here’s a general explanation of the steps you might take and the legal considerations involved.

Requesting Your Payment History

To obtain your payment history from the finance company, you can follow these steps:

1. Contact the Finance Company: Reach out to the finance company directly. Provide them with your account details and request a copy of your payment history. They may have records even if the account is old.
2. Written Request: If a phone call does not yield results, send a written request via certified mail. This ensures you have proof of your request.
3. Consumer Reporting Agencies: You can also check your credit report from the three major credit bureaus (Equifax, Experian, and TransUnion) to see if the payment history is listed there.

Statute of Limitations and Credit Reporting

The statute of limitations and credit reporting rules may affect your situation:

• Statute of Limitations: In Louisiana, the statute of limitations for debt collection is generally 10 years. This means that after 10 years, the creditor may not be able to sue you to collect the debt.
• Credit Reporting: Negative information, such as repossession, typically stays on your credit report for 7 years. Since the repossession occurred in 2006, it should no longer appear on your credit report.

Judgment and Legal Actions

If there was a judgment against you related to the repossession, here are some steps you might consider:

1. Check Court Records: Verify if there is an active judgment against you by checking court records. You can do this by visiting the courthouse or checking online if the records are available.
2. Motion to Vacate Judgment: If there is an active judgment, you may file a motion to vacate the judgment. This is a legal request to have the judgment removed. You will need to provide a valid reason, such as improper service or lack of jurisdiction.
3. Consult an Attorney: Given the complexity of vacating a judgment, it is advisable to consult with a legal professional. They can provide personalized advice and help you navigate the legal process.

Resources and Further Steps

For more information and assistance, consider the following resources:

• Consumer Financial Protection Bureau (CFPB): Offers guidance on dealing with debt and credit issues.
• Federal Trade Commission (FTC): Provides information on consumer rights and credit reporting.

When to Seek Legal Advice

If you are unsure about your rights or the best course of action, it is crucial to seek legal advice. A legal professional can provide specific guidance based on your unique situation and help you understand your options.

Remember, this information is intended to provide a general understanding of the legal issues involved. For personalized advice, always consult with a qualified attorney.