I have read alot of good advice in this forum and I am in need of some myself. I had a car loan 3 years back and I lost my job. I had to turn the car in because I was no longer able to afford it. Well a collection agency picked up the tab but I never responded to them. Almost 3 years later I get a summons that I'm being sued for this debt by the collection agency's attorney. I went to the courthouse and filled out an answer form denying the debt and then I sent a request for a debt validation letter to this attorney. He sent me debt validation back but I'm not sure if it's the proper validation. All he sent me was a copy of my vehicle purchase from the dealership with my signature on it. He did not send me anything from the finance company that shows how many payments I made. The letter does say who the financing company was, an account #, and the amount owed. My question is where do I go from here? Will this hold up in court? Should I send another debt validation letter requesting information from the financing company? Also, I am in Arizona, can they garnish my wages? What will most likely happen if this goes to court? Thank you everyone for your help.
Forums
Is the paper they sent you the original contract that you signed at the dealership? I bought a car recently and there was an actual contract that I signed. I am not sure what SOL would apply when it comes to a car loan..I think it is a promissary note. So the six years has not passed to protect you. You may have to pay up.
Yes, it is a copy of the signed contract from the dealership. There is nothing from the financing company however that shows what payments I made. Isn't more verification needed?
Then that is proper validation. I would make repayment arrangements with them before they take you to court. If you can not pay and they do take this to court they will first give you a mediation meeting with attys that are not for either sides. They will help try to come up with a repayment plan that works. You should however be able to do this yourself before it reaches that level. Good luck.
Thank you for your help. So you suggest that I contact their attorney and see if I can set up payments? It's not too late for that if I've already been summoned?
Yes. They may be able to stop the summons but if not be sure to follow this matter through. Call them and see what cna be done. If a court hearing is set up make sure you attend because if not they will be get a default judgment and attach your bank account and wages. Also if they agree to repayment ask for a settlement amount and a pay for delete. A "PFD" is an arrangement in writing that if you pay off the amount they will remove the mark from your credit report.
Thank you for your help fireyone. I did just today recieve a court date for pretrial, does that make it too late to try and negotiate a settlement with the attorney? Also how much are the attorneys willing to work with you? We are facing hard times right now along with so many other Americans. Just wondering if they're likely to settle for less and will they work with you on payments. Thanks
Hi Donkc_29
Unfortunately for you if you owe the debt you have to pay it. Denying that it is yours would only trigger their efforts to take you to court. If you have paper works regarding the money you have already paid, you could take it to the CA and discuss how to take your payments further. If you are not in a position to pay then tell them. You can work out a payment plan along with them, to make the payment on the loan that you have taken. It is their money you have borrowed and definitely they will want it back.
This has gone to the CA's attorney and I just got notice of a pretrial conference coming up. My question is, is it too late to try and work something out with the attorney? Can I avoid going to court if I do? Will they settle for less since they did purchase this debt from the finance company at pennies on the dollar. Are these attorneys likely to try and work something out with you? Thanks Carol
The courts say verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt. Consistent with the legislative history, verification is only intended to "eliminate the ... problem of debt collectors dunning the wrong person or attempting to collect debts which the consumer has already paid." There is no concomitant obligation to forward copies of bills or other detailed evidence of the debt. Chaudhry v. Gallerizzo, United States Court of Appeals Fourth Circuit, 174 F. 3rd 394, 406.
civil summons for credit card debt
the county sheriff came to my door step less than a week ago and served me with a civil summons saying Midland Funding LLC was sueing me for a credit card I had about 6years ago. How can I respond to the summons. I cannot afford an atty
summons
Hi dd,
Nowadays there are many attorneys who provide free advice. So, you need to find out if there are any such free consultation attorneys in your area. For answering to the summons you can also request the court clerk to help you.
Thanks,
Aaron