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My car was repossed about 8 months ago. Now Ford Motor Credit

 
 
 

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My car was repossed about 8 months ago. Now Ford Motor Credit has sent me a summons to appear in court to collect the $9,000 difference between what I owed on the car, and what they sold it for, plus another $2,000 in attorneys fees. My wife and I have two kids, I am a waiter, and she is a part time bartender. We barely make rent each month, and have no assets. There is no way I can pay this. I certainly can not afford an attorney.   The summons says I can write a letter explaining my situation, but will this help?
Jack

Submitted: 1009 days and 9 hours ago.
Category: Legal
Status: CLOSED
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State/Country relating to Question: Florida

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Accepted Answer

Thank you for contacting our JA team for guidance.

 

Answering the summons is standard procedure. However, if the debt is legitimate, they will likely obtain a judgment against you. You can indicate in your answer that all of your belongings and income are exempt from attachment, which the court may consider. But you should have some type of legal assistance such as legal aid or other pro bono programs in your area. The state bar association can provide you with information on such programs.

 

Finally, it may be in your best interests to consider filing for bankruptcy, which would discharge the debt if you do not have success fighting them in court since they will try to garnish your wages if they obtain a judgment against you.

 

Please let me know if you need additional information.


Best regards XXXXX XXXXX

TG

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Expert: Tina
Pos. Feedback: 98.7 %
Accepts: 6667
Answered: 8/18/2009

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JD, BBA Over 20 years legal and business experience.

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