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How to handle this

Date: Mon, 06/15/2009 - 16:30

Submitted by anonymous
on Mon, 06/15/2009 - 16:30

Posts: 202330 Credits: [Donate]

Total Replies: 6


I recently had a car repo, and the car was supposed to be auctioned off on May 23. This was while i resided in Ohio. I have recently moved to California. The company that repoed the car is known to sue, so should I notify them that I have moved to California. I really dont want them to file a suit once I tell them because they know they will get a default judgement because I will not be in Ohio. What should I do?


Since you are not in CA, you will not be able to receive the court summon and so the creditor cannot bring a default judgment against you. Default judgment can be brought only if you have received the summon and you did not file an answer to it. However, in case you receive a default judgment, you can always file a motion to vacate the judgment.


lrhall41

Submitted by Carol79 on Mon, 06/15/2009 - 23:44

( Posts: 99 | Credits: )


Well, most Knowledge Guest, what is the correct answer?

And that *is* correct if you don't know about it and the CA is unable to locate you (or your family, or your references). But, obviously, we cannot advise you to run away from your debt - so yes, we must say that you should call them and update your file with your new location.


lrhall41

Submitted by Chrys Henderson on Tue, 06/16/2009 - 03:13

( Posts: 2538 | Credits: )


If it were me, I would consider sending them a certified letter, return receipt requested. I would send them a letter that informed them that I am now a resident of California. Keep a copy of the letter as well as the green USPS receipt card that you will get back once they sign for the letter. These are now evidence. That way, if they still do try to sneak a judgment past you, you can show the court that you did inform them and they did receive the letter. California is an all-party state, otherwise I would say just get a tape recorder and tape a telephone call where you tell them this, but you would have to inform them that the call is being recorded for it to be legal.


lrhall41

Submitted by on Wed, 06/17/2009 - 04:30

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