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I had a new

Date: Thu, 04/12/2007 - 13:05

Submitted by anonymous
on Thu, 04/12/2007 - 13:05

Posts: 202330 Credits: [Donate]

Total Replies: 7


I had a new car loan back in june 2000 that i paid on for 3 months or so then i got divorced and turned it back in to the bank when i could no longer afford it and never made any more payments on it.During the course of the past 6 1/2 years ive recieved all sorts of threats of wage garnishments etc etc,now just about the 7th year from turning the car in, a summons to appear in civil court on this matter was handed to my wife while i was at work.My question is do i have to appear in court? and if i dont what happens from there? or if i do go to court what can i expect there?,or is it just another scare tactic the lender is using to get there money back???Ive heard from friends that there is nothing they can do more than just put a blemish on my credit report.If any one can assist in answering these questions please advise.Thanx.


Don't fail to show up in the court hearing. You should be able to arrange a plan in front of the judge by showing all your pay stubs, tax returns. The creditor will accept the arrangements made by the judge in your favor.

If you don't go to the court, there will be a default judgment in your name. You will be putting yourself in a worse situation.


lrhall41

Submitted by Bony on Thu, 04/12/2007 - 13:48

( Posts: 287 | Credits: )


When you voluntarily surrender your collateral, it does not relieve the principle obligation in its entirety. The lender will sell the collateral at fair market, and then apply proceeds from the sale of vehicle to your unpaid balance. Any deficiency balance remains due and owing to the lender.

It is possible the SOL is about to expire, and they a trying to get a judgment before it is too late.

Unfortunately a sheriff, when serving a summons, does not always have to serve you directly. Most laws allow service to be made at the defendants home to any person who is over the age of 13.

If you think this is just a scare tactic, you should check with the court to see if the case is valid. If it is, don't ignore it. Once you have been served, if you don't show up to court then the lender can get a default judgment against you. Once they have a judgment, like other have said, they can garnish your wages and levy your bank accounts.

If you do show up to court, you can usually work out arrangements with the creditor's attorney before it goes to trial. Normally you would agree to some sort of regular payments and the case would be dismissed with prejudice. As long as you follow that agreement, no judgment will be entered against you. If you break that agreement, however, the lender can then go back and motion the court to vacate the dismissal and enter judgment.

PS your friends were wrong when they said all that could happen was a blemish on you credit.


lrhall41

Submitted by DebtCruncher on Thu, 04/12/2007 - 20:27

( Posts: 2293 | Credits: )


Debtcruncher is right, Can you contact the original creditor and find out what they got for the vehicle. They will not take a loss, they will want the balance due when they repo, they resell and you are responsible for the balance.

If you don't take care of it now, some ca will pick up the judgement and come after you. May as well show up and try to work out something that is doable for you, could work out to your advantage. Goodluck!

Debtcruncher, do you think should he contact the original lender just for balance information? Could he make an offer to them at this point and show up in court with the arrangements? What are your thoughts?


lrhall41

Submitted by fedupinpa on Sat, 04/14/2007 - 01:33

( Posts: 1511 | Credits: )