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Good evening! I can help you out with your legal question tonight. In order to better assist you, I need you to answer a few questions. What contract are you referring to, a purchase contract for the car?
yes, I purchased the car in 04
I see, then you crashed it in 2009 and they want you to pay the remainder of the balance?
I believe so, the paperwork served does not give much detail. The car had full coverage and GAP insurance.
Did you report the crash to your insurance company back in 2009?
Yes, the same time it happened.
And what was the result of your claim
Did your insurance company pay any money?
As far as they had told me, yes they did, insurance is USAA.
the suer is Wells fargo and I have all paperwork turned in to them with the claim number and such from USAA and also the paperwork from Hyundai for the GAP insurance.
I would first start with USAA to see what was paid. It obviously didn't pay your lender for the crash, so unless it paid you, then they didn'bt pay.
You should report this lawsuit to USAA, they should defend you.
I have done so and just requested paperwork on the events from them.
That is perfect. That is really all you need to do.
Do you know about GAP insurance?
Yes, I do.
That is basically insurance for if your car is totalled and you are underwater in it.
perfect. Under these circumstances, can I claim in any way monetary compensation via slander, defamation of character or any other circumstances?
GAP is if the car insurance does not pay the complete amount owed, GAP will pay the rest.
No, nothing for slander, defamation of character or anything like that.
I was not late with payment or at default
They are requesting....
Perfect, your insurance should cover the damage.
Then you will pay Wells Fargo.
$1,651.89 principal, 1,300.15 interest and 95 court cost. I was never notified in any way shape or form prior to being served with this suit.
How did you find out about it?
I never handled any money. All moneys were handled by USAA and GAP.
I was served this past Friday by a constable.
You will need to file an answer within 20 days of Friday. You need to make sure USAA has a copy of the complaint.
ok, I can answer tomorrow without any problems. I'm a disabled veteran and do not work.
You sound judgment proof.
On the paperwork stapled with the complaint they show a copy of the sales contract which shows the GAP insurance payment also. I'm baffled at this and very confused.
That is why I am asking if I can counter sue for compensation.
They just didn't get paid and know you have insurance that can pay them. That is why they are suing.
But, USAA has told me and showed me where they got paid.
You can't counter sue them, they are owed money for the car, regardless of whether it is wrecked.
Then that will be their defense, but they are to defend you.
Do you then believe that I can handle this without legal counsel?
You have saved me money and I really thank you.
You are very welcome! Have a good night and please leave me feedback before you go.
With this amount, is this small claims court or superior?
Perfect, thanks for your time and help. and yes I'll leave feed back