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California Lawyer
California Lawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 850
Experience:  Licensed to practice in California
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I had two car payments and a lot of seriously slow paying accounts

Customer Question

I had two car payments and a lot of seriously slow paying accounts in 2008. After talking to a very rude person at Wells Fargo, I decided to let the extra car go back. They absolutely refused to work with me. It was repossessed in February 2009. Wells Fargo sold the debt to a collection agency right away. It was sold a bunch of times actually. I only have a few days left to respond now, but the debt got sold back to the original collection agency and they want me to repond to a civil case. What is the worst thing that can happen if I don't respond? Why now?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  California Lawyer replied 1 year ago.

California Lawyer :

Hello, are you there?

California Lawyer :

Hello....

California Lawyer :

Hello...

California Lawyer :

Are you there?

Customer:

Yes, trying to figure this out...you are in california, i'm not

California Lawyer :

That's ok. This is based on general principals of law. If you would prefer to have a GA attorney help you, I will opt out.

Customer:

Ok, does it matter?

California Lawyer :

Not realy.

Customer:

I mean, who answers

California Lawyer :

Right now, I do.

Customer:

Ok, what do u think? I can't seem to find out how long they have to do this here

California Lawyer :

If you don't respond, they will seek a default judgment against you. The court will likely grant it if they can show you have been properly served. Then they will try to collect the debt from you - essentially be in the same position as they were before.

Customer:

They only have two more years, right? What happens if I don't do anything? I was already in default before.

California Lawyer :

How much is owed?

Customer:

It doesn't start all over again though...can it ultimately hurt me any more than it already has, is what I'm asking. They want almost 17,000 including interest

Customer:

Deficiency balance 9854.06, 6497.97 in interesr

California Lawyer :

You probably can't get hurt more than you have been. They will still seek the principal and interest. The only possible further complication if you default is that they will seek their court costs.

Customer:

So, its the amount then...what do I do? It just seems ridicuous to me

California Lawyer :

I would respond to the lawsuit. Defaulting is never a good idea. If you don't have it you don't have it. If they can't enforce the judgment then they are in no better position than they were before, and if you don't default, you are in no worse.

Customer:

How do I respond? What do I say?

California Lawyer :

What is the status of the case?

Customer:

I got the paperwork October 30th and the deputy said I have 30 days to respond. I honestly thought it was longer ago than that

California Lawyer :

I would respond. Dispute the amount due. Dispute the interest. The court may knock off a lot of the interest. You won't do any worse by responding and perhaps the court will lower the amount owed.

Customer:

What does reponding mean exactly? I've never been to court for anything. Do I go to municipal court or something? sorry to be so dumb

California Lawyer :

The paperwork you received should tell you which court you need to respond in. What exactly did you receive?

Customer:

A whole bunch of papers...summons, complaint, copies of the stuff from wells fargo about selling the car and copies of the orginal contract and title

California Lawyer :

Ok. You need to file a response to the complaint and serve a copy on them. Frankly, you would probably be better off hiring a local attorney to assist you. At this point doing this yourself might be rather challenging.

Customer:

Affidavit of claim and cerification of ammount due

Customer:

Seriously? I don't know any

California Lawyer :

Check the yellow pages or the internet. I am sure some are close by and most will consult for free. Its a better avenue than defaulting and having a judgment on your credit rating.

Customer:

Since its not owned by the original lean holder, can it be attatched to the

Customer:

Original loan

California Lawyer :

Yes. Its a debt which can be sold and enforced.

Customer:

Fun, ok thanks

California Lawyer :

Best of luck to you.

California Lawyer, Lawyer
Satisfied Customers: 850
Experience: Licensed to practice in California
California Lawyer and 7 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.

I had a hard time finding a civil lidigation lawyer, but i finally did. Everyone else was trying to hard sell me on bankruptcy. Anyway, thanks for your assistance, and i gave you the most number of stars for your help!


Katie

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