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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 1718
Experience:  Practicing Attorney with 10 years experience
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I am going to court civil suit bad debt. I lost

Customer Question

I am going to court for a civil suit for a bad debt. I lost my job when I became disabled. I tried to work with them but was refused. They passed the debt witch has ballooned ti over 4k. But during this time they never requested the collateral that the note was secured with. They just added monthly fees and interest. I am currently disabled and can't afford an attorney. Do I have any recorse on them not seeking the collateral? If it would have been a car they would have repossed it. Thank you
Submitted: 7 months ago.
Category: Legal
Expert:  Asad Rahman replied 7 months ago.
I am sorry to hear about your situation. In a civil case, both parties are required to mitigate or reduce their damages. Here they failed to do that by collecting on the collateral. I think you would file your response in court and say they failed to mitigate their damages. This could allow the judge to reduce some of the debt that is owed.