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I have a summons regarding a car loan that unfortunely i had to default on. I dont know how to go about handling this and was looking for some advice on the subject matter.
State/Country relating to Question: North Carolina Already Tried: on this matter in April of 2008 i went to a branch of the bank where the loan was and told them that i was taking a different job and that i wouldn't be able to make the high payment much longer. I wanted to sell the car to a gentleman for 23,000. I also had five thousand dollars to put with the sellers total from bonus's and tax refund. The loan was about 29,500 so i wanted to take out roughly a fifteen hundred dollar loan to cover the small gap between funds and total payment to release the title and i was told that they do not do that kind of thing. I then told the loan officer "so basically when i cant pay for the car anymore i just bring it back to you and get stuck a high charge-off instead of paying off a small loan. He told me yes that was the case.
Dear Customer- You will need to file an answer with the court within the amount of time listed on the summons, usually 20-30 days. The format will be the same as the Complaint with the court name at the top and the parties and case number XXXXX Where it says "Complaint" you would put "Answer". Below that you can say "Defendant denies the allegations of Plaintiff's Complaint". You would then sign it with your address and phone number just like the lawyer did for the Plaintiff. You would then file it in the court and send a copy to the other attorney. This will at least force the Plaintiff to prove their case and not take a judgment by default against you. Dave Kennett
Lawyer (JD)
25 years experience in general law, including real estate, criminal, traffic, and domestic relations