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LegalKnowledge, Attorney
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I have received a complaint for the balance owed for my car

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I have received a complaint for the balance owed for my car that was repossessed in 2007. Once my car was sold, the company contacted me and payment arrangements were made but I was unable to honor them due to the loss of both mine and my husband's jobs. Since that time there has been no communication from the bank regarding the balance owed.

We are just now getting back on our feet. I know I must reply to the complaint (totals $9500 for amount owed plus interest plus attorney fees, etc.) but I cannot afford an attorney to help me. Can you tell me what my rights are? I believe that the plaintiff is required to provide certain documentation to prove their case and would like to make a reasonable payment arrangement if possible.

Any help you could provide regarding my recourses would be must appreciated. Thank you!

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand your situation and concern. You do need to read the complaint and respond to the allegations in it. You can either admit to them, deny them or say you are unable to answer, since you are without knowledge. Moreover, you can raise any legal defenses which you may have, that would prevent the plaintiff from collecting. They would need to prove/evidence that the debt is owed and should have attached to the complaint, evidence to support it. If they did not, you could have a defense and they may not be able to prove you owe anything. If you are able to start paying now, you can try contacting them and see if they will agree to a payment plan and dismiss the case or when you appear in court, request that the case be sent to mediation, so you can try and resolve it then. If you are willing to make payments on the debt owed, the other party should strongly consider accepting them and dismissing the lawsuit, without prejudice.

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