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Hi everyone! I was served with a Civil summons for a flex loan I defaulted on from Advanced Financial in TN. Can anyone tell me what to expect? I've never been to court in my life. I stopped paying because I don't have the money, and won't have the money now either, although I would have it at tax returns around May. Will these people work with you? Let you do a payment plan or a later due date? I'm 90% sure that I don't have any disposable income, if I do it's not much, so they wouldnt be able to garnish my wages much, if at all. The only thing of value I own is my 2005 Ford. Will they try to take my car if I can't pay right then? I thought I had more time before my court date, but it's this Tuesday. (Yay for procrastination!) I tried to call their debt collections lawyers office Friday, but did not receive a call back. Sorry if I've posted this in the wrong forum. Just really trying to get some advice before I go in Tuesday morning. Thank you.

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1 hour ago, Fireworxstudio said:

Will these people work with you?

A 9 month delay in payment?  No they will not work with you.  Not when they can get a judgment now.

1 hour ago, Fireworxstudio said:

Let you do a payment plan or a later due date?

They might agree to a stipulated/consent judgment but if you miss even one payment that means they do not have to sue you to collect. They only need to file the judgment with the court and can proceed to garnish wages.

1 hour ago, Fireworxstudio said:

 I'm 90% sure that I don't have any disposable income, if I do it's not much, so they wouldnt be able to garnish my wages much, if at all.

Garnishing your wages is not about your disposable income.  Unless you make at or below the poverty level for wages the court will garnish them.  They do not care about your "disposable' income.  If you do not meet any sort of legal exemption to garnishment the creditor can take 25% of your wages after taxes until the debt is satisfied.  Whether or not you can pay your other obligations like rent, car insurance, utilities etc. is not their concern.

1 hour ago, Fireworxstudio said:

The only thing of value I own is my 2005 Ford. Will they try to take my car if I can't pay right then?

Probably not.  There are state mandated exemptions and its values are likely below what the cost of taking it and selling it would recoup.

Who is the original creditor and what is a rounded off amount of how much they are suing you for?

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@Clydesmom

Thank you so much for your reply! I work full time, and 25% of my wages would be around $375 a month, and that's more than I could willingly even try to set up a payment plan for. So I'm guessing if they can get more per month, they will..? But I can at least try for a payment arrangement.. I would have all the money in full after tax returns, around March. (I don't know if that would matter to them?)

If I'm being honest, I know I'm below the poverty level, but I am not sure if/ how that number would differ or matter for the court. I haven't found an exemption for it.. But hopefully my car is safe- that's a positive thought!

 Thank you so much for such a detailed and helpful reply! The original creditor is Advanced Financial and with lawyer fees the paper I have says around $1700, around $1300 without lawyer fees.

Do you think it would be helpful to bring proof of my income, benefits, bills, etc. to try to get a payment arrangement, or would that be overkill? Also am I supposed to bring anything specific with me?

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On 9/3/2017 at 0:31 PM, Clydesmom said:

A 9 month delay in payment?  No they will not work with you.  Not when they can get a judgment now.

They might agree to a stipulated/consent judgment but if you miss even one payment that means they do not have to sue you to collect. They only need to file the judgment with the court and can proceed to garnish wages.

Garnishing your wages is not about your disposable income.  Unless you make at or below the poverty level for wages the court will garnish them.  They do not care about your "disposable' income.  If you do not meet any sort of legal exemption to garnishment the creditor can take 25% of your wages after taxes until the debt is satisfied.  Whether or not you can pay your other obligations like rent, car insurance, utilities etc. is not their concern.

Probably not.  There are state mandated exemptions and its values are likely below what the cost of taking it and selling it would recoup.

Who is the original creditor and what is a rounded off amount of how much they are suing you for?

I go tomorrow, last minute advice?

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