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HELP! PLEASE! Time (I think) is running out!

BayHouse Credit Forum: 10/1999 to 01/2001: Credit Reporting, FICO Credit Scoring, Disputes, Collections, Charge-offs, Bankruptcy, CCCS: HELP! PLEASE! Time (I think) is running out!
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Morgan Appel (Downinsocal)

Wednesday, November 01, 2000 - 11:01 am Click here to edit this post
A while ago I had a vehicle repossessed (California) and the bank from which I leased it claimed that I owed them a deficiency balance of approximately $10K.

Well, fast forward to late September, and they refer the matter to an atty., who sends the summons through my human resources dept, which I do not receive until late October, in a plain manila envelope in my work mailbox.

I haven't even had time to review the document and this moron of an atty tells me that I must call him today or tmw, or that he will file and "...send me the required dates and times."

If the debt is unsecured (I mean, they already have the car), should I even bother dealing with it? Do I need to hire an attorney? I feel like I'm under the gun here, but maybe I'm not. I know that they can garnish my wages for 25%, but is that all? Will I be arrested if I don't show up?

My wife and I finally have some source of income and make about $80,000 combined. We have little of anything else, sans two dogs, and some furniture. We were thinking about BK, but I am worried that I'll be left with no personal possessions!

Please, could one of you make a recommendation, at least to hold this idiot off for a bit? Thanks in advance!

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Anonymous1 (Anonymous1)

Wednesday, November 01, 2000 - 03:37 pm Click here to edit this post
If it goes to court, yes, you have to show or risk being arrested. But since it's unsecured they could get a garnishment order without you being there (I could be wrong, I know the State and Federal tax bureaus work like that). Since they have the car, this guy could be yanking your crank.

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Shylock (Shylock)

Wednesday, November 01, 2000 - 07:23 pm Click here to edit this post
No you will not be arrested if you don't show in court!

If you don't show in court they'll get an automatic judgement against you that will go on your credit report and they're likely to follow that up with garnishing your wages.

Attorneys rarely "yank your crank" about lawsuits.

If you can't pay you file bankruptcy.

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June Logan (Junel)

Thursday, November 02, 2000 - 04:31 am Click here to edit this post
I agree with Shylock. File bankruptcy if they pursue you for the deficiency. Apparently they can garnish in your state and I assure you they will. In 2 to 3 years out of ch7, you can have A credit.


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