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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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I have been summoned to appear in court due to non payment

Customer Question

I have been summoned to appear in court due to non payment to a collection agency..i at first acquired a car title loan from speedy cash..i informed them they could repossess the car because I was unable to make the payments on the loan speedy cash did not repossess the car I had asked them to this was over three years ago am I required to answer to the summons if so am I still libel for the loan even though speedy cash did not repossess the car when I stated to speedy cash to repossess the car
Submitted: 1 year ago.
Category: Legal
Expert:  Joseph replied 1 year ago.

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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Customer: replied 1 year ago.

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

Expert:  Joseph replied 1 year ago.

It's unclear to me why you rated my service as bad. As I stated in my initial post, I welcome the opportunity for follow-up or clarification. As such, please hold off on rating my service until you are satisfied. Thank you.

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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 hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
Joseph and 12 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

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

Expert:  Joseph replied 1 year ago.

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.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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Joseph
Joseph
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I have 15 years experience in the legal field, currently specializing in criminal and family law