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kekenc

Filing A Answer??????

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I was issued a civil summons. At first I was very confused and I didnt know what to do. So I filed an answer to the courts. I did not hear anything from them for about 6 mos. I assumed that they backed down from it. It appears that they were waiting to also serve a civil summons on my cosigner. (AUTO REPOSSESION) My cosigner(grandmother) whom resides in another state was served summons last month. I called to find out why were we both served, when I filed my answer six months ago. I did not send copies to the attorney, I just filed to the court. I assumed that was all I had to do. Yesterday, I received a letter from the attorney stating a default judgement against me. The default judgement from the courts state that I did not file an answer. But I did file one with the courts. Is there anything I can do about this? Then again I was just thinking that maybe I should leave it alone. In my answer i had 6 complaints which were, #1. the vehicle was not sold in a commerically reasonable manner ( U.C.C Article 9.9) the book value was $9900 and they sold the car $2700. #2 The cosigner was never notified about deliquency and was not even the opportunity to catch payment up.

#3 The cobuyer was not given the opportunity for reinstatement after repossession. #4 Dealership fraud-income verification was never provided by me to the dealership. The bad thing about all of this is I only owed $200 when they repossed the car. It was one month going on the second month behind. I made arrangements to pay $800 but I only had $600, so I sent the $600 and two weeks later they repossed my car.

Sorry so long, what do you think

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Don not just leave it alone. Check your rules of procedure quickly and see if you are able to file a motion for new trial and what the deadline is for doing so. My experience is that courts will not (and should not) grant a default judgment against a pro se litigant who files an answer but fails to serve it upon the opposing lawyer. However, if you failed to serve a copy of the answer on the opposing lawyer, he or she may have set a hearing and failed to notify you. You must act quickly.

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