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I have a court date for next month for a repo'd car. :(

I know the balance is about $12,000, but the paper I was served with says $112,000 which is a mistake :D I didn't buy a Lamborghini.

What can I do about this mistake?

I thinking about doing a BK, but leaving my options open to see what to do next.

If you need to know, I'm in TN.

TIA

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In short it just says default on contract dated 10-04 in the principal sum

of $112,000 plus attorney's fees of $2800, perjudgment interest and court costs.

As stated earlier I'm in TN. (Tennessee)

I'm going to file BK, if it comes down to it.

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I wouldn't file a bk yet. See how things play out in court first. You can always file later.

To get an idea of how to answer a summons, look at the templates in the sticky:

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=42861

It's really pretty easy. You admit to your name and address and nothing else unless they have attached compelling evidence of their claims in the exhibits. To everything else you can answer: "the Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof"

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Where did this case get filed, in General Sessions court or Circuit Court ??

If in General Sessions, you don't file an Answer, you just show up for the court date and you either admit or deny the debt. If you deny it, you will likely be bound over for trial. If you admit it, your goose is cooked on the spot.

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If it were me I would deny the debt entirely and leave the plaintiff to provide proof! If you answer that the "paperwork' was off by $100K, there's a good chance you'll be slapped with a $12K judgment! (And, we're talking minimum here.) Yes, bankruptcy is option, but right now it doesn't make sense to file.

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I forgot to mention that a copy of the contract was attached to the papers.

So I can still deny?

Also, in previous mailings with them, IIRC they stated they were going to go ahead with putting lien's on property.

They can't do this without a judgment, can they?

The threat of this is a violation...right?

I'll have to find all my mailings to be sure.

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  • 3 weeks later...
  • 2 weeks later...

Thanks for all the comments and advice

We have decided to file for BK. :(:(:( Didn't want it to come to this but we have no choice with the little income we have.

Tried to get a continuance but they wanted to speak to me and see if I was going to contest it,

there was no way that was going to happen.(speak to me that is)

Didn't go to court, so it's a default against me. Oh well BK will take care of that.

If they get anything it won't be more than $1000 I bet. :D

Time for a Fresh Start thats long overdue.

Thanks again

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Anyway to change your mind. Filing a BK is pretty serious!

Win at least a $100k lottery prize. Cost money just to get in the pool to try and win. Which we don't have.

We rob Paul to pay Peter and vise versa.

The only way we see out of this is for me/us to work around the clock 18-24 hrs a day.

With three youngins that will be impossible.

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But it's a MISTAKE. You can't just lie down for that!!

One that we never should have gotten into. I hate credit it ruins peoples lives.

We as people never think about what would happen if they lost a job without having an emergency type fund.

During this whole thing I've lost 2 jobs and nothing to fall back on.

We have learned the hard way.

Another way out of it would be to get about 25k - 30k people to send me $1.00 but that is impossible to say the least.

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So the $112 K amount is correct?

I thought you said it wasn't.

No it's not correct, it's $11,100 + 2761.39 atty fees + prejudgment interest + court costs.

Numerous medical bills, other judgments, you name it we are behind and don't have a quick way out, collector calling now as I type this up.

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That is something I need to look into and see what it says.

When the deputy came to the house I looked at his paperwork and it said $11k, so hopefully that is what it will be.

Wish us luck in this BK thing, we are going to need it.

We finished the internet portion of counseling and got to give them a phone call to get the credit counseling done tonight.

We should be on our way by the end of this week. :(:(:(

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