kekenc Posted September 12, 2002 Report Share Posted September 12, 2002 I received a civil summons today from an attorney that was chosen by a collection agency on a repossession. I dont know what to do. I dont have to appear in court, I have to serve a copy of my written answer to there complaint. What type answer do i provide? They did send me a copy of a signed contract, so validation is out. What do they want me to say? Also, I didnt think they could do anything if you can't pay the money, its over $12,000, and I dont have that. Its already on my credit report, what more can they do? Someone please give me some much needed advice. Thanks Link to comment Share on other sites More sharing options...
admin Posted September 13, 2002 Report Share Posted September 13, 2002 I'd say you were in a tough spot, I'm sorry to say. What about the car they repossessed - do you know how much they sold it for? You are entitled to this information if you ask for it. Were you upside down on the car? Link to comment Share on other sites More sharing options...
kekenc Posted September 13, 2002 Author Report Share Posted September 13, 2002 Hi, thanks for responding, from doing alot of research, I found out that they must sell the car in a commercially reasonable manner meaning the fair market value and they sold the car for $2200, that was really below the value, it was a 98, with only about 80000 miles and the fair market value on the care is $7200, so maybe I can use this as a claim, I'm can of afraid to try to handle this myself, because I can't find the specific laws to support my claim. Only general terms, so I may try to consult with an attorney. But what can they do to me, can the garnish my wages, I thought only IRS and Student Loans could garnish your wages. Also another counterclaim for me could be, I was the cobuyer but I had the car all the time and made the payment, when the buyer( my grandmother) found out about the repo. she tried to call them and get the car herself but they wanted her to pay full price, she was never given the opportunity to catch up the payments, now get this the car was only 1/2 month behind with a payment coming due. Also when we got the car, I was still in college with no job and the auto dealer put my grandmother name as buyer and me as cobuyer but it was my car and on top of that we never had to provide proof of income to them, they just wanted to really sell a car, so that may be another claim to. Anyone does anyone know anything about these claims that I'm speaking about. Thanks alot. Link to comment Share on other sites More sharing options...
Jlava73 Posted September 13, 2002 Report Share Posted September 13, 2002 They may be willing to work out something with you before the matter gets to court, I think from what I have read if theyget a judgement they can garnish your wages.Perhaps you should speak to an attorney tofind out what your rights are. Also be sureto file your answer at the courthouse.What that means is your version of the eventsyou can type it up on your computer and bring it down to the courthouse clerk where the case was filed. Do this As soon as possible. Good Luck! Link to comment Share on other sites More sharing options...
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