Consumer complaint received 2025-04-26 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Loan balance remaining after the vehicle is repossessed and sold
Company: Auto Credit of Virginia Inc.
State: VA

Complaint narrative:
My vehicle was repossessed XXXX ago and sold and they're trying to garnish my wages for the remainder of the balance and I sent them this right to resend truth of affidavit it is notarized and all XX/XX/XXXX and they are still harassing me and taking me to court about it .. and the judge didn't even look at my evidence... 


XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX Account : XXXX Auto credit of Virginia XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXXXXXX XXXX XXXX XXXXXXXX RE : Truth of Affidavit RE : Right of Rescission Dear Auto credit of Virginia I CaDares Jones, Original Creditor and Natural Man/woman hereby rescind our consent to be liable or compelled to perform on to the contract and agreement I entered with Auto credit of Virginia on Date XXXX XXXX 
This Rescission notice is made Pursuant to15 U.S. Code 1635 -Right of rescission as to certain transactions. 
( a ) Disclosure of obligors right to rescind ( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within XXXX days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it ( f ) Time limit for exercise of right An obligors right of rescission shall expire XXXX years after the date of consummation of the transaction or upon the sale of the property. 
As I was never told that I had the right rescind the agreement. Neither was I given the notice that comes along with all consumer credit transactions. Furthermore, you Auto credit of Virginia failed to clearly & conspicuously disclose all of my rights as a consumer including but not limited to my right of rescission. You willingly and knowingly took advantage of me and my consumer credit. I participated in a consumer credit transaction and not a loan, with Auto credit of Virginia. Pursuant to ( 15 U.S. Code 1602 ( g ), ( I ), ( o ) ) without ; Full disclosure of my right to rescind. Transparency regarding the process of the consumer credit application being the financial asset ( 12 CFR 360.6 ), ( 12 U.S. Code 412 ) - Application for notes ; collateral required As well as self-liquidating paper ( 17 CRF 260.11b-6 ). And pursuant to ( 42 U.S. Code 408 ( a ) ) you used my Social Security number therefore, I would like to renegotiate and receive another vehicle ( truck ) to replace the previous one. I am not terminating or canceling this contract, I am deducting my liability to pay on behalf of the obligor, as I have found several violations of fraud of the codes, and statues that are set in place for you to follow 31 U.S. Code 3123 - Payment of obligations and interest on the public debt ( a ) The faith of the United States Government is pledged to pay, in legal tender, principal and interest on the obligations of the Government issued under this chapter. 
( b ) The XXXX of the Treasury shall pay interest due or accrued on the public debt. As the XXXX considers expedient, the XXXX XXXX pay in advance interest on the public debt by a period of not more than XXXX year, with or without a rebate of interest on the coupons. 
( c ) ( XXXX ) The Secretary may issue a bond, note, or certificate of indebtedness authorized under this chapter whose principal and interest are payable in a foreign currency stated in the bond, note, or certificate. The Secretary may dispose of the bonds, notes, and certificates at a price that is at least par value without complying with section 3102 ( b ) ( d ) of this title.

( 2 ) In determining the dollar amount of bonds, notes, and certificates of indebtedness that may be issued under this chapter, the dollar equivalent of the amount of bonds, notes, and certificates payable in a foreign currency is determined by the par of the exchange value on the date of issue of the bonds, notes, or certificates as published by the Secretary under section 5151 of this title.

( 3 ) The Secretary may designate depositaries in foreign countries in which any part of the proceeds of bonds, notes, or certificates of indebtedness payable in the foreign currency may be deposited.

In Pursuant to 15 U.S. Code 1605 - Determination of finance charge ( a ) Finance charge definedExcept as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents, attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges.

( 2 ) Service or carrying charge.

( 3 ) Loan fee, finders fee, or similar charge.

( 4 ) Fee for an investigation or credit report.

( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. 
I am not terminating or canceling this contract, I am deducting my liability to pay on behalf of the obligor, as I have found several violations of fraud of the codes, and statues that are set in place for you to follow 15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.

( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( XXXX ) to insure the security and confidentiality of customer records and information ; ( XXXX ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( XXXX ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 
XXXX XXXX Code XXXX - Gold clauses and consent to sue ( a ) In this section ( XXXX ) gold clause means a provision in or related to an obligation alleging to give the XXXX a right to require payment in ( A ) gold ; ( B ) a particular United States coin or currency ; or ( C ) United States money measured in gold or a particular United States coin or currency. 
( XXXX ) public debt obligation means a domestic obligation issued or guaranteed by the United States Government to repay money or interest. 
( b ) The United States Government may not pay out any gold coin. A person lawfully holding United States coins and currency may present the coins and currency to the Secretary of the Treasury for exchange ( dollar for dollar ) for other United States coins and currency ( other than gold and silver coins ) that may be lawfully held. The Secretary shall make the exchange under regulations prescribed by the Secretary.

( c ) ( 1 ) The Government withdraws its consent given to anyone to assert against the Government, its agencies, or its officers, employees, or agents, a claim ( A ) on a gold clause public debt obligation or interest on the obligation ; ( B ) for United States coins or currency ; or ( C ) arising out of the surrender, requisition, seizure, or acquisition of United States coins or currency, gold, or silver involving the effect or validity of a change in the metallic content of the dollar or in a regulation about the value of money.

( 2 ) Paragraph ( 1 ) of this subsection does not apply to a proceeding in which no claim is made for payment or credit in an amount greater than the face or nominal value in dollars of public debt obligations or United States coins or currency involved in the proceeding.

( 3 ) Except when consent is not withdrawn under this subsection, an amount appropriated for payment on public debt obligations and for United States coins and currency may be expended only dollar for dollar.

( d ) ( 1 ) In this subsection, obligation means any obligation ( except United States currency ) payable in United States money.

( 2 ) An obligation issued containing a gold clause or governed by a gold clause is discharged on payment ( dollar for dollar ) in United States coin or currency that is legal tender at the time of payment. This paragraph does not apply to an obligation issued after XX/XX/XXXX. 
5 U.S. Code 552 - Public information ; agency rules, opinions, orders, records, and proceedings ( a ) Each agency shall make available to the public information as follows : ( 1 ) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public ( A ) descriptions of its central and field organization and the established places at which, the employees ( and in the case of a uniformed service, the members ) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions ; 12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington , District of Columbia, or at any Federal Reserve bank. ( 12 U.S. Code 1431 ( a ) ) Borrowing money ; issuing bonds and debentures ; general powers 15 U.S. Code 1662 - Advertising of down payments and installments No advertisement to aid, promote, or assist directly or indirectly any extension of consumer credit may state ( 1 ) that a specific periodic consumer credit amount or installment amount can be arranged, unless the creditor usually and customarily arranges credit payments or installments for that period and in that amount.

( 2 ) that a specified downpayment is required in connection with any extension of consumer credit, unless the creditor usually and customarily arranges down payments in that amount. 
XXXX XXXX Code XXXX Validation of debts ( a ) NOTICE OF DEBT ; CONTENTS Within XXXX days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing- ( XXXX ) the amount of the debt ; ( XXXX ) the name of the creditor to whom the debt is owed ; LP ( XXXX ) a statement that unless the consumer, within XXXX days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; XXXX XXXX Code XXXX Unfair practices A debt collector XXXX not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( XXXX ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. 
( XXXX ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if XXXX XXXX XXXX XXXX False or misleading representations : A debt collector XXXX not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( XXXX ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 
( XXXX ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the XXXX, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 
XXXX XXXX XXXX XXXX - XXXX in connection with debt collection ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector XXXX not communicate with a consumer in connection with the collection of any debt ( XXXX ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after XXXX oclock antemeridian and before XXXX oclock postmeridian, local time at the consumers location ; ( XXXX ) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorneys name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or ( XXXX ) at the consumers place of employment if the debt collector knows or has reason to know that the consumers employer prohibits the consumer from receiving such communication. 
( b ) Communication with third parties Except as provided in section XXXX of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector XXXX not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. 
( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt XXXX XXXX XXXX XXXX - XXXX of location information Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall ( XXXX ) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer ; ( XXXX ) not state that such consumer owes any debt ; ( XXXX ) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information ; ( XXXX ) not communicate by post card ; ( XXXX ) not use any language or symbol on any envelope or in the contents of any communication affected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and ( XXXX ) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorneys name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector. 
XXXX XXXX XXXX XXXX - XXXX actions by debt XXXX. 
( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall ( XXXX ) in the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( XXXX ) in the case of an action not described in paragraph ( XXXX ), bring such action only in the judicial district or similar legal entity ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action. 
( b ) Authorization of actions XXXX in this subchapter shall be construed to authorize the bringing of legal actions by debt XXXX. 
XXXX XXXX XXXX XXXX - XXXX certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. 
( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section XXXX of this title for failure to comply with a provision of this subchapter. 
XXXX XXXX XXXX XXXX- Criminal liability for willful and knowing violation Whoever willfully and knowingly ( XXXX ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( XXXX ) uses any chart or table authorized by the XXXX under section XXXX of this title in such a manner as to consistently understate the annual percentage rate determined under section XXXX ( a ) ( XXXX ) ( A ) of this title, or ( XXXX ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than XXXX year, or both. 
SEC. XXXX FEDERAL DEPOSIT INSURANCE ACT ( L ) The term " deposit '' means- ( XXXX ) the unpaid balance of money or its equivalent received or held by a bank or savings association in the usual course of business and for which it has given or is obligated to give credit, either conditionally or unconditionally, to a commercial, checking, savings, time, or thrift account, or which is evidenced by its certificate of deposit, thrift certificate, investment certifi- XXXX, certificate of indebtedness, or other similar name, or a check or draft drawn against a deposit account and certified by the bank or XXXX XXXX XXXX XXXX a letter of credit or a traveler 's check on which the bank or XXXX XXXX XXXX XXXX liable. 
XXXX XXXX ( XXXX ). The financing of an automobile by a bank was not a consumer loan transaction where the bank was only the assignee of the automobile sales contract and therefore acted illegally in taking security in addition to the purchased automobile. First XXXX. Bank v La XXXX ( XXXX ) XXXX XXXX XXXX, XXXX XXXX XXXX. 
XXXX XXXX. OBLIGATION OF XXXX. 
( a ) Subject to subsections ( b ), ( c ), and ( d ) and to Section XXXX ( d ), if an instrument is dishonored, an indorser is obliged to pay the amount due on the instrument ( i ) according to the terms of the instrument at the time it was indorsed, or ( ii ) if the indorser indorsed an incomplete instrument, according to its terms when completed, to the extent stated in Sections XXXX and XXXX. The obligation of the indorser is owed to a person entitled to enforce the instrument or to a subsequent indorser who paid the instrument under this section. 
( b ) If an indorsement states that it is made " without recourse '' or otherwise disclaims liability of the indorser, the indorser is not liable under subsection ( a ) to pay the instrument. 
( c ) If notice of dishonor of an instrument is required by Section XXXX and notice of dishonor complying with that section is not given to an indorser, the liability of the indorser under subsection ( a ) is XXXX. 
( d ) If a draft is accepted by a bank after an indorsement is made, the liability of the under subsection ( a ) is XXXX. 
( XXXX ) If an indorser of a check is liable under subsection ( a ) and the check is not presented for payment, or given to a depositary bank for collection, within 30 days after the day the indorsement was made, the liability of the indorser under subsection ( a ) is XXXX. 
XXXX XXXX. NOTIFICATION BEFORE DISPOSITION OF COLLATERAL. 
( a ) [ " Notification date. '' ] In this section, " notification date '' means the earlier of the date on which : ( XXXX ) a secured party sends to the debtor and any secondary obligor an authenticated notification of disposition ; or ( XXXX ) the debtor and any secondary obligor waive the right to notification. 
( b ) [ Notification of disposition required. ] Except as otherwise provided in subsection ( d ), a secured party that disposes of collateral under Section XXXX shall send to the persons specified in subsection ( c ) a reasonable authenticated notification of disposition. 
( c ) [ Persons to be notified. ] To comply with subsection ( b ), the secured party shall send an authenticated notification of disposition to : ( XXXX ) the debtor ; ( XXXX ) any secondary obligor ; and ( XXXX ) if the collateral is other than consumer goods : ( A ) any other person from which the secured party has received, before the notification date, an authenticated notification of a claim of an interest in the collateral ; ( B ) any other secured party or lienholder that, 10 days before the notification date, held a security interest in or other XXXX on the collateral perfected by the filing of a financing statement that : ( i ) identified the collateral ; ( ii ) was indexed under the debtor 's name as of that date ; and ( iii ) was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date ; and ( C ) any other secured party that, 10 days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in Section XXXX ( a ). 
( d ) [ Subsection ( b ) inapplicable : perishable collateral ; recognized market. ] XXXX ( b ) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market. 
( XXXX ) [ Compliance with subsection ( c ) ( XXXX ) ( B ). ] A secured party complies with the requirement for notification prescribed by subsection ( c ) ( XXXX ) ( B ) if : ( XXXX ) not later than 20 days or earlier than 30 days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor 's name in the office indicated in subsection ( c ) ( XXXX ) ( B ) ; and ( XXXX ) before the notification date, the secured party : ( A ) did not receive a response to the request for information ; or ( B ) received a response to the request for information and sent an authenticated notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral. 
XXXX. Untrue, deceptive or misleading advertising, inducements, writings or documents. 
A. Any person, firm, corporation or association who, with intent to sell or in anywise dispose of merchandise, securities, service or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or any interest therein, makes, publishes, disseminates, circulates or places before the public, or causes, directly or indirectly to be made, published, disseminated, circulated or placed before the public, in a newspaper or other publications, or in the form of a book, notice, handbill, poster, blueprint, map, XXXX, tag, label, circular, pamphlet or letter or in any other way, an advertisement of any sort regarding merchandise, securities, service, land, lot or anything so offered to the public, which advertisement contains any promise, assertion, representation or statement of fact which is untrue, deceptive or misleading, or uses any other method, device or practice which is fraudulent, deceptive or misleading to induce the public to enter into any obligation, shall be guilty of a Class XXXX misdemeanor. 
The actions prohibited in this section, shall be construed as including ( i ) the advertising in any manner by any person of any goods, wares or merchandise as a bankrupt stock, receiver 's stock or trustee 's stock, if such stock contains any goods, wares or merchandise put therein subsequent to the date of the purchase by such advertiser of such stock, and if such advertisement of any such stock fail to set forth the fact that such stock contains other goods, wares or merchandise put therein, subsequent to the date of the purchase by such advertiser of such stock in type as large as the type used in any other part of such advertisement, including the caption of the same, it shall be a violation of this section. 
XXXX XXXX Code XXXX - Obligation or other security of the United States defined The term obligation or other security of the United States includes all bonds, certificates of indebtedness, XXXX bank XXXX XXXX Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of XXXX, and canceled United States stamps. 
XXXX XXXX XXXX XXXX - Interference with commerce by threats or XXXX ( a ) Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical XXXX to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than XXXX years, or both. 
( b ) As used in this section ( XXXX ) The term robbery means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or XXXX, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining. 
( XXXX ) The term extortion means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, XXXX, or fear, or under XXXX of official right. 
Therefore you have breached your contract with the XXXX XXXX XXXX XXXX XXXX, the XXXX XXXX XXXX XXXX XXXX Federal Reserve XXXX, the XXXX XXXX XXXX Comptroller of the Currency, and the XXXX Securities and Exchange Commission. Furthermore, all garnishments taken from any account shall be reimbursed and installments are to be reimbursement in the amount of XXXX {$1400.00} and shall be made by check or money order payable to XXXX XXXX of XXXX XXXX XXXX XXXX XXXX VA, XXXX You have XXXX business days to correct your faults, failure to comply with this rescission will result in civil liability for fraud Pursuant to XXXX XXXX Code XXXX. 

Acknowledgement Subscribed to and affirmed before me this Day____ XXXX by_____ _______________________. ( Beneficiary ) personally present before me and known to me to be the private man/woman whose name subscribed to the within instrument and acknowledge to be the same. 

Notary Public : _______________________________. 

( Seal ) My Commission expires : ________________. 



WITHOUT PREJUDICE XXXX XXXX, ie, all Natural Inalienable Rights Reserved And the judge didn't even look at my evidence..

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation