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P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33911
Experience:  16+ yrs. of legal experience.
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I had bought a car at a buy here pay here lot I had a lot of

Customer Question

I had bought a car at a buy here pay here lot I had a lot of problems with the car got behind on payment I returned the car! Can the car lot call me everyday and harass me for the remaining balance?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma.

Is this the car lot calling? Or a collections agency calling you?

Customer: replied 1 year ago.
I would rather explain on the phone
Customer: replied 1 year ago.
The car lot is calling! I returned the car and now they want the remaining balance of $9000 or they are taking me to court can they do that
Expert:  P. Simmons replied 1 year ago.

I sent the offer to talk on the phone. If you accept, I can provide my phone #

Customer: replied 1 year ago.
I just respond through here thanks
Expert:  P. Simmons replied 1 year ago.

Sure

I have some thoughts...a few mins...I will type them up

Customer: replied 1 year ago.
OK thanks I'll be waiting for them!
Expert:  P. Simmons replied 1 year ago.

Thank you for your patience

First, to answer the question about can the car lot call and demand your money?

They can…there is a law that regulates how “third party collectors” (collection agencies) can contact consumers over alleged debts. The law is called the Fair Debt Collections Practices Act (FDCPA). The FDCPA places strict limits on how often a third party collector can call a consumer regarding a debt.

But his law will not apply to an original creditor…so it will not apply to this car lot, since the are the original creditor. So they can call you and demand payment.

Now…can they sue you?

They can…if you had a contract to pay, and you have not paid according to the contract? They can go to court and ask the judge order you pay them the money they are owed. SO they can do this.

Now…it takes time and money to sue…they would have to hire a lawyer…and unless your contract says you will pay their lawyers fees? They have to pay their lawyer. So you may want to try and negotiate with them. They claim you owe $9K? Perhaps you offer them $3K or $4K…or whatever you can agree on to resolve this. That could help you avoid suit.

OR you could file for bankruptcy (in which case they would get nothing)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
It's a buy here pay here lot the car was nothing but problems they got the got back I'm not giving them any more money
Expert:  P. Simmons replied 1 year ago.

I understand. You can require they sue you and prove that you broke the contract. Unless they can do that? They court will not issue a judgment against you

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
Whats a judgement
Expert:  P. Simmons replied 1 year ago.

Where the court orders you pay money. If they sue you and win, the court will issue a judgment

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
Can the garnish social security disability
Expert:  P. Simmons replied 1 year ago.

No.
That is not permitted

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 1 year ago.

Follow up. We have gone back and forth on this for some time. Please rate the answer so I may get credit for my work.