Consumer Protection Law

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I am being sued by this company autovest for a car that i…

Customer Question
Hello, i am being...

Hello, i am being sued by this company autovest for a car that i brought in 2015, it stopped working so i stopped making payments after the dealer refused to fix it. it got repossessed in 2016. now all a sudden they are saying i owed $4,000. not going to happen

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

Florida. and no

Lawyer's Assistant: What steps have you taken so far?

I just got the notice 2 weeks ago. i have a court date today

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There is nothing else.

Submitted: 3 months ago.Category: Consumer Protection Law
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Answered in 8 minutes by:
3/22/2018
Consumer Protection Lawyer: Lucy, Esq., Lawyer replied 3 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The most important thing for you to know is that, if you don't go to court, they will automatically win the lawsuit against you. By not being there, you forfeit your right to defend yourself. So, if it's at all possible, people in your situation usually want to go to the hearing.

When you buy a car, your obligation to pay the auto loan is complete at the moment the paperwork is signed. It cannot subsequently be taken away by anything that happens with the vehicle. A person who sells a used car has no obligation to fix it absent a warranty - but even if they did, your legal recourse would have been to sue the dealer, not to stop paying for the car. This is true even if your loan was financed by the dealer. It's possible that they might have a valid claim against you. The first step is to review the loan documents to see if it says that repossession is the exclusive remedy in the event of default. If it says that, they are not entitled to any money after taking the car back and cannot sue you.

Autovest is a company that buys charged off debts. They're not the company that originally loaned you the money. That means they can only win a judgment against you (assuming you're present in court) if they can prove that (a) you owe $4,000 to the original loan company and (b) they legally bought the debt and have a right to collect it. Many debt buyers make their living by counting on people either settling or not showing up in court and are terrible record keepers. If they can't produce documentation showing a right to collect, you can ask the judge to rule in your favor.

Another option, because most of these debt buyers pay very little for debts, is to see if they'd agree to a lesser amount than the $4,000. They may not, if court is today, but you can try asking.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Consumer Protection Lawyer: Lucy, Esq., Lawyer replied 3 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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