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Showing content with the highest reputation on 05/21/2009 in all areas

  1. You have to answer the summons and appear in court or the judge will consider your non-answer as a default admission that the facts Ford states are true. If a default judgment is rendered against you, the judge will grant Ford whatever they ask for in damages. So at the very least show up! If you don't the amount they are claiming can easily double. In Illinois a judgment holder can add 12% annual interest to the unpaid amount and can hold you to the judgment for 20-years, with one extra 20-year renewal for a total of 40-years! They can also garnish your wages and take up to 25% of what you earn right out of your paychecks. If you show up for court and simply show the judge that you are unable to pay without severe hardship, then the judge can at least enter an order preventing Ford from taking what you cannot afford to give up. However, Ford will be able to call you into court annually to question your finances and you will have to show up. If a judgment holder summons you to court for an asset hearing you must show up or the judge can issue a warrant for your arrest for failing to show up. I strongly recommend you seek legal counsel from a free public source. Call the Chicago Bar association and explain your situation. They should be able to refer you to a public aid legal person that can help. Bankruptcy would put a stop to the whole thing and discharge all your debts. A legal aid associate should be able to help fill out the paperwork and you can apply for a waiver of the court fees if your income is extremely low. As for not carrying insurance on your vehicle, consider yourself lucky you are not in prison. Illinois takes uninsured motorists more seriously than other States and considers it a criminal offense. I wouldn't mention the fact you wrecked the car with no insurance or the judge may "throw the book" at you.
    1 point
  2. The SOL is 4 yrs for the repo. Some questions you need to ask this person. 1. Did they receive the proper notifications as required? Such as the date and time of auction, the time allowed to redeem. 2. Did they receive the papers showing the deficiency after auction? 3. Were all notifications received as required within their specific timeframe? Know these items before you take next step. It is said that if any of the required notifications were not sent as required, the claim cannot be collected. Do your homework first. Read our sticky at top of this page on California. You might find some good info there to help you. It is more of the general info, not specifically on repos.
    1 point
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