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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 17531
Experience:  B.A.; M.B.A.; J.D.
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If I was told that a repossessed vehicle taken 9/2010 sold

Customer Question

If I was told that a repossessed vehicle taken 9/2010 sold for 3700 and the remainder due on the contract was 3600, does the creditor have legal rights to sue me for any additional amount? Vehicle purchased in TN, I was cosigner to a veteran and didn't have a job at the time, repossession took place in AL and a judgment entered into by default for the amount of 6929.80 on 4/17/13.
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  Barrister replied 7 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.. does the creditor have legal rights to sue me for any additional amount?.Unfortunately yes, if you are a cosigner and the loan went into default, the creditor can come after either or both of you for payment..The fact that you didn't have a job wouldn't disqualify you from being a cosigner or somehow allow you to avoid the contract..And the fact that the borrower who defaulted was a veteran doesn't give them any special privileges to default on a contract and not be held responsible for it..I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy.....thanksBarrister
Expert:  Barrister replied 7 months ago.
I see that you have numerous other similar questions open regarding this so I will opt out as I have already answered one....thanksBarrister
Customer: replied 7 months ago.
thank you.
Expert:  Barrister replied 7 months ago.
You are welcome. Glad to help.
Customer: replied 7 months ago.
hello again...at this point in my case, judgement executed and entered by default, I've submitted a complaint with the fed bureau of consumer protection, the company has agreed to send me debt validation and all requested documentation...what are my rights for reopening the case if I have an attorney find a technicality in the process? Can I still file a motion to quash if I was served the summons, with an attorney's assistance? And does it matter that, if at the time of receiving the summons, I can prove that I was mentally incapacitated and in the process of drug rehabilitation? I want to have this case reopened so I'm afforded the opportunity to fight it. Are there any outlets at this point?
Expert:  Phillips Esq. replied 7 months ago.
A different professional here. what are my rights for reopening the case if I have an attorney find a technicality in the process? Can I still file a motion to quash if I was served the summons, with an attorney's assistance? And does it matter that, if at the time of receiving the summons, I can prove that I was mentally incapacitated and in the process of drug rehabilitation? I want to have this case reopened so I'm afforded the opportunity to fight it. Are there any outlets at this point? Response 1: If you were properly served, but did not file a respond, you cannot now file Motion to Vacate the Default Judgment at this time. And does it matter that, if at the time of receiving the summons, I can prove that I was mentally incapacitated and in the process of drug rehabilitation? I want to have this case reopened so I'm afforded the opportunity to fight it. Response 2: No, it does not matter that you were "in the process of drug rehabilitation" at the time the Summons was served on you. Are there any outlets at this point? Response 3: Your last resort would be to file for Chapter 7 bankruptcy to wipe out the debt if you have other debts that you are seeking to erase, which would make filing for bankruptcy protection worthwhile. Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.
Customer: replied 7 months ago.
Why did the judge of that county tell me to come file a motion to quash then?... His words
Customer: replied 7 months ago.
I don't have other debts and I could pay this one if I wanted to but I refuse to give them another dime when they've gotten more than they deserve. It's unreal that companies like this are allowed to stay in business. It's pitiful. I can't accept that there's nothing I can do at this point when I've literally paid my original debt in full by now. Smh
Customer: replied 7 months ago.
I'll go to a local attorney, I'd rather pay them than give another dime to this company.
Customer: replied 7 months ago.
And you don't need to respond to that. I appreciate your input. Are you sure you're not a bankruptcy lawyer 🙃
Expert:  Phillips Esq. replied 7 months ago.
I am sorry, but your question is a bit confusing. Are you asking if I am bankruptcy Attorney? If so, yes, I am. As for why the Judge told you to file "a motion to quash...," I do not know without reviewing the Court's Docket. You can use the following sites to find local Bankruptcy Attorneys: Nacba.org Consumeradvocates.org Lawyers.com Justia.com Findlaw.com Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.

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