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Law Girl
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Category: Bankruptcy Law
Satisfied Customers: 4606
Experience:  I am an attorney.
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my husband and his exwife were served with papers from a ...

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my husband and his exwife were served with papers from a law firm ,contract/account,wanting them to pay off the rest of the account after they repossed it inthe amount of6,680.48 in principal,208.99 in interest,and 699.68 in attorneys fee.this account was done in 1997 and they repoed the car about six years ago he has 30 days to response to this notice , so what is the best way to disolve this matter?
Submitted: 9 years ago.
Category: Bankruptcy Law
Expert:  Law Girl replied 9 years ago.
What state are you located in?
Customer: replied 9 years ago.
Expert:  Law Girl replied 9 years ago.


It is a little confusing as to whether the creditor actually obtained a deficiency judgment against your husband and his ex-wife or whether the attorneys are merely attempting to notify and collect on the debt. To get to the heart of it, your husband and his ex may consider taking their paperwork to a local attorney to advise them of their rights. If this is the first time that the creditor is trying to collect on the debt since the repossession, it may be too late for the creditor to try to collect.

However, if a judgment has been taken, there may not be a lot that can be done.

If no judgment has been taken, then your husband may be able to negotiate down the amount of money that he pays to the creditor in settlement of the debt.

Either way, it will be imperative that a response is provided within the thirty days, even if it is to notify the attorney that he is having the issue researched with local counsel.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!


Customer: replied 9 years ago.
one more question then I'll hit the accept button can people you can not read and write enter into contract to buy a automobile?
Expert:  Law Girl replied 9 years ago.

The unfortunate answer to this question is 'yes'. As long as someone can make their mark on their document, expressing their intent to be bound to the terms of it, then a contract is formed.

The law will presume that if someone puts their mark on the contract, indicating their consent, that they understood what they were consenting to. However, they can rebut that presumption by arguing that the terms of the contract were not fully explained and that they could not be consented because the terms because they did not know what they were.

I hope that is helpful.

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