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Yes, you still must respond to the summons. If you simply fail to respond, then the plaintiff will prevail and be granted whatever relief they requested. If you have a viable defense, then I would encourage you to present it in court.
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if the car title loan company did not take repossession of the car in question that the car was used for collateral for obtaining the car are you libel for the loan even though you told them to repossess the car in question I told the to pick the car up because I was unable to make payments on the car title loan they did not pick the car up after a number of months since then a number of years have passed I never heard from them again and I do not know if the car is still at the location I had left it I asked them to repossess the car and they failed to do so am I still required to pay the car title loan pluss interest
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Yes, you are still responsible for the loan. I suspect you signed a contract with the creditor. As part of that contract, you agreed to make certain payments. I doubt that the contract permitted you to make the decision to return the car and thereby terminate the contract. Meaning, merely calling them and asking them to repossess the vehicle does not end your obligation. Had they, in fact, decided to repossess the car, you would still be responsible for any difference between the value of the car at that time and the amount of the loan.
i failed to mention saying that they stated they would repossess the car which the did not i stated to them that they could repossess the car and that it would be sold at auction they never picked the car up after i had waited for them to do so is this to be taken into consideration
Yes, you could certainly use this as an argument that they had an opportunity to mitigate their damages and, despite agreeing to this, they failed to do so. Having said that, and as I stated above, you would most likely still be responsible for the difference between what they could have received in a sale of the vehicle and what you still owed on the loan.
Educator, Esq: Follow up question: Is the following
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