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In 2015 voluntarily surrender my vehicle due to constant…

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In 2015 voluntarily surrender...

In 2015 voluntarily surrender my vehicle due to constant issues with it. I was always on time. It was eventually listed on my credit report as a voluntary reepossion and I did not hear anything or receive anything from them until 3 days ago. The debt was sold to a collection attory. And I was served a summons to appear in court. I contacted them and they said I could make $100 payments until the car is paid off ($8750) I’m not sure my it’s so high. However, I received the paperwork today and it says that 1. The allegations contained in plaintiffs complaint are true and correct ( I have no idea what they are some unsure of that statement) and 2 the defendant shall comply with all terms and confirm as set forth within this stipulation and in the event that any payment is not received within 5 days from the due date, then that shall constitute a default. 5. A facsimile or copy of this stipulation maybe treated as the original. 7. That in the even of default, plaintiff shall be entitled to a judgment without notice to the defendant. Along with order adopting stipulation and order dismissing case. My question is that seems HARSH. and I’m not sure I want to sign. But I’m stuck in a rock and a hard place as my wife and I are in the process of buying a home. And a judgment would kill my score. Do you think I should sign this and if so, will it hurt my credit even more?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

This is collection law Consumer maybe

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

Is this a real person?

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

Hello?

Lawyer's Assistant: Hello. How can I help?

This isn’t family law

Submitted: 3 months ago.Category: Consumer Protection Law
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Customer reply replied 3 months ago
I’m in Florida
Answered in 5 hours by:
4/1/2018
Consumer Protection Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 22,365
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Consumer Protection Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Consumer Protection Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

The collector's Attorney is trying to pull a fast one. DO NOT sign the Stipulation. You want to file a regular answer to the complaint DISPUTING the debt. You can obtain answer form at the Courthouse in the Clerk's office. You do not have to pay for the deficiency. You should challenge the balance given to you by the lender (“creditor” or "collector") after the sale. You would have some defenses to their complaint for deficiency judgment. One of your defenses would be that the sale of the car was not done in a commercially reasonable manner. Once you make this defense, the creditor/collector would then have the burden to prove that all aspects of the sale were reasonable including the notice provided to you before the sale, the advertising made to the public, the timing of the sale of the car and how the creditor ultimately got rid off the car.

You would also have other defenses and counterclaims such as

(1) Were the creditor's expenses of repossession reasonable?
(2) Was the deficiency correctly computed?
(3) Deception in original purchase of the car.
(4) Defects in the car's subsequent performance.
(5) The terms of the financing.
(6) The creditor's debt collection conduct

and so on...

If you have other debts that are weighing down such as credit card debts or medical bills or personal loans, you may consider filing for Chapter 7 Bankruptcy to get rid off the debts.

Goodluck with your case,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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Customer reply replied 3 months ago
Thanks so much for answering. I have managed to get my credit to where we can finally purchase a home. So bankruptcy would not fit me. However is there a way to do this without hindering myself from doing purchasing the house? ( I.e. ruining my credit anymore) and still not get screwed?
Customer reply replied 3 months ago
I can’t afford a judgment or a garnishment? Would answering waive my rights to settle?
Consumer Protection Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

Thank you for the information.

Yes, there is a way. DO NOT sign the "stipulation." I am not even sure why the Plaintiff's Attorney is doing this by Stipulation as if you had agreement with the collector already. So, you should not sign the "stipulation." You need to file a regular answer to the complaint. Then after filing, you and the Attorney can negotiate about settling for 20% or less of the amount owed.

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Consumer Protection Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

No, answering will not waive your rights to settle. You MUST be afforded due process and that means giving you opportunity to file your answer to the Plaintiff's complaint.

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Consumer Protection Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

Click here for sample answer to debt collection lawsuits.

Goodluck with your case,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.
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Customer reply replied 3 months ago
Thanks I will do this.
Consumer Protection Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

You are quite Welcome!

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Customer reply replied 3 months ago
One more question, once I answer and get a trail date. Do I have to get an attorney? Face judgments or garnishment? How much of my income can be at stack. I have 6 kids I have to provide for.
Customer reply replied 3 months ago
This is a lot scary and I just want to make the best decision for my family.
Consumer Protection Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

Thank you for the information. However, I am unable to further assist. So, I will opt out to give another Attorney the opportunity to further assist you.

Goodluck with your case,

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Customer reply replied 3 months ago
Ok thanks. Is there a way to write up another settlement offer without the slickster stipulations places in there? I’d just rather settle without going to court. But don’t want to get screwed? Can’t afford any garnishments or judgments. I guess I’ll wait for the new attorney. Thanks for your help.
Consumer Protection Lawyer: LegalGems, Lawyer replied 3 months ago
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,647
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
Verified

I am terribly sorry you are having to deal with this several years after the fact.

As stated, it is imperative to file an answer or the defendant will lose their right to contest the amount of the debt. In a court case, the plaintiff has the burden to prove that the requested relief is valid, so if defendant can prove the debt is excessive then the court will not grant the requested relief.

One can send a counter settlement offer (that is part of the negotiation stage) but it is imperative to ensure that an answer is on file or the court will issue a default judgment granting the plaintiff all the relief that is requested.

An attorney is not required but you may wish to at least hire an attorney to review any proposed settlement to ensure that one is not being taken advantage of.

This is called limited scope representation.

https://www.americanbar.org/groups/legal_aid_indigent_defendants/initiatives/resource_center_for_access_to_justice/limited_scope_unbundling.html

Here is a listing of property that is exempt from creditors.

I certainly hope this helps!

If no further questions kindly rate 5 stars to help me maintain my high customer satisfaction scores. Thank you and take care.

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Consumer Protection Lawyer: LegalGems, Lawyer replied 3 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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