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lastlance85

Telephone Status Call Tomorrow -- OC Auto Loan Suit

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I have a telephone status call tomorrow in regards to a lawsuit filed against me over a delinquent auto title loan. I've made a couple other posts about this issue on this forum and so far everyone's advice has been great -- thanks so much! Long story short, took out an auto title loan in 05/11, stopped paying 01/12, was sued 07/12. I am still in posession of the vehicle, and the OC (credit union) continues to try to collect the vehicle by employing a skip tracer. I'm in Ohio.

Got the complaint, which was simply one paragraph saying that I owed the balance plus interest, with a loan disclosure agreement and voided title attached as Exhibit A and not much else. No contract or detailing of payments made, etc. I sent back a straight denial to the court on 8/27.

This is my first involvement in any kind of court case. My telephone status call is scheduled for tomorrow afternoon. Here is what the court's rules say about pretrial conferences:

After a case has been assigned to a Judge, the Judge will then set a pretrial conference. The pretrial conference is to review the possibility of settlement, determine the status of discovery, consider the resolution of some issues and, as necessary, to fix a trial date. Further pretrial conferences shall be scheduled as necessary within sixty (60) days, if the case is not resolved or set for trial.

Beyond that, I don't know what to expect. I have no legal representation. I'm assuming that this is what the telephone status call is -- the court's website makes no reference to a status call. The letter I received also states that I need to have a trial calendar ready. I'm a bit unsure on the terminology -- I'm assuming they want my plan as to how I'm going to proceed at trial?

I have been delaying this issue as long as possible. I am open to settlement. Given that the credit union holds the title, I'm not sure what leeway I have. The amount owed is approximately $3,000.00. The car is in a depreciated condition. It is not worth nearly that amount. I have no attachable wages. Cost according to the court website is $750.00 for a bond of execution for the sheriff to come get it, and then an additional $300.00 appraisers fee. They very well may not recoup that at auction. It is my only vehicle and it will be devastating to me if it were reposessed.

I am coming into some money in about three weeks. I could pay it outright to get the title back at that point (though it would destroy my finances). I've mulled over the idea of offering a lower amount to settle, maybe $1,500 or $2,000. Again, with them holding the title, I don't know how receptive they would be to that idea. Ideally I would like to resume payments, perhaps with a large down payment, but only if the credit union agrees to terminate efforts to seize the vehicle.

Another issue, and again I'm unsure of whether or not this is admissable, is the abusive tactics of the skip tracer hired by the credit union. He has been verbally abusive with my sister, called her after 9:00 PM repeatedly after being told to stop. He has called virtually all of my family members and neighbors, saying that I am under "bank investigation." He has called every place of employment I have had in the past few years. I don't want to go into tomorrow's call looking weak, I want to raise this -- but I don't want to look like an amateur either.

Sorry for the long-winded post, any advice is greatly appreciated.

Edited by lastlance85

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