Shae Posted February 15, 2009 Report Share Posted February 15, 2009 Ok so BF had a car a couple of years ago that he let go. In September of 2008, he was served. Didn't answer. (Big mistake - I made him aware.) Apparently, was issued a default judgment. Spoke to a lawyer that said he MAY BE able to get the judgement set aside, due to defective paperwork, however was unable to afford the $1500 to secure the lawyer to do this.My question is: Is there any hope of settling for less now? Anything that can be done to salvage his credit at this point?Any help that you can provide is appreciated.P.S. Had some concerns regarding the lawyer situation because he told us that if a wage garnishment was issued federal minimum wage would apply and I looked it up on http://www.fair-debt-collection.com/state-wage-garnishments.html#5 and read that in California only 25% of the paycheck can be garnished. Also, could never get any solid ideas of the results. He would only be concerned with the money and emphasize the rush on the situation. So to me it all seemed a little shady. Link to comment Share on other sites More sharing options...
Shae Posted February 16, 2009 Author Report Share Posted February 16, 2009 Is there maybe a hope of settling this?? Link to comment Share on other sites More sharing options...
calawyer Posted February 17, 2009 Report Share Posted February 17, 2009 Hard to answer your question without more information. THe plaintiff is suing for the deficiency (the difference between the amount owed and the amount the car yielded at sale). From your knowledge of the car's value, did the sale yield an appropriate amount (i.e. was it a commercially reasonable sale)? Did your BF get notices that the car would be sold?Many county bar associations in California have a referral panel where you can pay a minimal amount and have a lawyer review all the paperwork and potentially take the case. I would investigate this route.Good luck. Link to comment Share on other sites More sharing options...
Shae Posted February 17, 2009 Author Report Share Posted February 17, 2009 Basically, we don't think he ever received any notices for the resale of that car. We lived in the same residence for about six months after the car was repo'd. Then moved. All mail was forwarded to our new address, and we've been here for almost two years. Never received anything regarding it. Link to comment Share on other sites More sharing options...
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