Consumer complaint received 2020-07-09
Product: Debt collection — Auto debt
Issue: Took or threatened to take negative or legal action — Sued you without properly notifying you of lawsuit
Company: VW Credit, Inc (CA)

On XX/XX/XXXX our vehicle was stolen and it was paid by XXXX at a total loss in the amount of {$23000.00} on XX/XX/XXXX. We had sold and moved from our XXXX XXXX XXXX home in XXXX of XXXX. We were sued by an XXXX XXXX XXXX in XX/XX/XXXX in XXXX County. CaseNo XXXX in the amount of {$1000.00} on behalf of VW Credit Inc with an interest amount of # XXXX and attorney 's fees in the amount of {$200.00} total judgement {$1500.00}, however we didn't received information on this because we moved and our address was still listed at XXXX XXXX XXXX XXXX. Then on XX/XX/XXXX an attorney XXXX XXXX XXXX of XXXX XXXX XXXX in XXXX, CA XXXX filed a case to extend the original judgement and has re submitted the judgement and renewal of the case on XXXX, XXXX in the amount of {$3200.00}. I XXXX XXXX was not named on any of these documents as of XX/XX/XXXX. Then on XXXX XXXX another document was filed with my husband 's and my name again to renew the judgement. Then on XXXX XXXX a writ of execution and the attorney was changed and to XXXX XXXX XXXX and another document was filed with interest in the amount of {$80.00}. totaling the amount at {$3300.00}. Then on XXXX XXXX another acknowledgement of credit was entered with interest in the amount of {$960.00}. Then on XXXX XXXX another document execution ( money judgement ) was presented and the total amount due was {$4200.00}. My address listed is still the XXXX XXXX XXXX, XXXX address. Another document was filed XX/XX/XXXX with Superior Court of California Memorandum of Costs after judgement. Then on XX/XX/XXXX another Writ of Execution was filed and the amount totaling was {$4100.00}. My address is still listed as XXXX XXXX XXXX, XXXX ca. Then on XXXX XXXX, XXXX a wage garnishment was sent to my husband 's work requesting 25 % of my husbands earnings from each paycheck and my husband is paid every two weeks. In XXXX of XXXX I called VW and requested information on my car loan and if there was money owed. After several calls I was advised that there was no attorney that was listed to sue for the amount as the amount had been written off and a 1099-C was issued to me from VW Credit made out to my husband as I was not part of the loan. I was told that my address listed was XXXX XXXX XXXX XXXX Ca and that was were the 1099 was sent to. I provided my current address and received the document in the mail. I have since filed a notice to vacate the judgement as I was not part of the loan and my address was never updated. Since this time I have learned that that original lawyer passed away and the there was paperwork filed included XXXX 's check to VW credit and the 1099C. We had court on the XXXX of XXXX and the judge was not convinced that the attorney is the attorney for VW Credit and instead a credit that purchased the remainder amount. In any case the Judged advised that it is wrong for a company to have sued for an amount and there are several inconsistencies with the case. The judge ordered that the attorneys provide additional documentation that stated we had agreed as part of stipulation to repay the original amount and if not then she would need to make a decision. So the case was postponed till XX/XX/XXXX. On XX/XX/XXXX Judge XXXX advised that we should file a case in small claims court to get our money back from the attorney and that the statue of limitations She told us we should not have to pay twice since we had to file taxes using the 1099-C as additional income and have wages garnishments at a higher amount. 
Where I believe our rights were violated is that VW filed the same paperwork that has already been filed on XX/XX/XXXX with no written response or acknowledgement that it was sent to me or my spouse. 
Because this is a creditor the amount was not addressed prior to the 4 years that a creditor has to retain payment. The original lawyer XXXX XXXX XXXX did not file until XXXX and was a debt collector which means they were not the original creditor. Also XXXX XXXX XXXX practice filed paperwork to name a new CEO XXXX XXXX XXXX after XXXX XXXX XXXX passed away. Then in XX/XX/XXXX filed a new state of information with the secretary of state in California. Somewhere in this process the debt was sold to XXXX XXXX XXXX who is stating they are the attorney representing VW Credit.