Can a creditor hold a sheriff's sale on a house for a $1400.00 judgment?

Question

Hi Everyone,

Before anyone calls me a dead beat, I'm not. This is a confusing though. I had a car loan for $19,000 about 9 years ago that I had paid off. The company came back 7 years later (apparently within the statutes of limitations) stating that I still owed them $600.00. They notified me that they were taking me to court, fine. According to me, I owed them nothing. They scheduled court while I was out of the country - in Germany for 4 years with the military. My husband called the district magistrates office and told them we were out of the country and they said they would postpone until we returned. They had court anyhow and found judgment against me for $1400.00 (legal fees added on now). I was not notified of this case. The loan company is now threatening to sell any real property I have at a sheriff's sale. I don't live in PA anymore. I do own a house there though. Is this a realistic threat? It sounds awfully harsh and threatening.

Thanks in advance!

Answer 1

That's a good question, I say contact an attorney

Answer 2

You better take care of it soon.  You can't just ignore these things, life goes on without you.  I know for a fact people in the military get 1 month or more vacation every year.

They will not automatically sell your house. They will put a lien on it. The way it works is if you sell your house the first 1400 will go to the car loan people.

Answer 3

I do not know, I would get an attorney though.

Because you are also guilty of Contempt of Court for not paying the court order this might be a different from a normal debt collection.

No matter what you have to pay the 1400, it is not a bill, but a court order, right or wrong.

Answer 4

YOU need to address this immediately.  Get help from military attorneys.  Get an attorney to go QUASH this judgment.  Get to the District Magistrate and find out how/why this happened, how to fix.  Needs copies of your orders, summary of events.  

This is NOT the way our military should be treated, but if you don't act, things can happen.

Answer 5

I would definitely consult an attorney. I don’t understand how this company can put a lien on your house when your home had nothing to do with your car loan. A car loan is secured only by the car and nothing else, the way I understand it.

Answer 6

In future always write a letter and ALWAYS keep a copy. If you phone, note date and time, also the name of the person spoken to and include it in a follow-up letter.

Chatspas' advice sounds good now. Good luck