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I've had a truck get repoed last year the bank tried taking…

Customer Question
I've had a truck...

I've had a truck get repoed last year the bank tried taking me to court for the rest of the money I got a lawyer then they pushed it back since then I have had*****times and they didn't even show can I fight this

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Missouri

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

Well I work on the road so my wife has been talking to the lawyer but from what I have gathered they tried to default me on the first case but I got a crappy lawyer

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

They r drawing money out of my account and and screwing me I haven't been home for 4 months I want a new lawyer can I beat them

Submitted: 3 months ago.Category: Consumer Protection Law
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Answered in 10 hours by:
4/2/2018
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 3 months ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 125,784
Experience: Attorney experienced in commercial litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

So your question for us is whether or not you can fire your first lawyer? Please clarify for us?

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Customer reply replied 3 months ago
No the question is the bank that is sueing me that is giving me the run around with it all they we're trying to get me to default on the lone but I got a lawyer instead and now they keep pushing the court date back and last week the didn't even show up to court what I'm asking is can I sue them for jerking me around
Customer reply replied 3 months ago
I have real bad service
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 3 months ago

Thank you for your reply. That is why I asked you to clarify, many times customers and experts alike think they are saying one thing and they really are not as clear as they may think.

Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

You cannot file a separate suit for them "jerking you around," but you can ask the court to award you additional damages caused by the bank dragging their feed and causing you unreasonable delays. This includes asking them for any additional attorney's fees that their unreasonable delays are causing you to incur.

So while it may not be a separate suit, it is one you can raise in your current suit and seek compensation.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months ago
Could I get a default on them since they didn't even show up to court last time if it was the other way around they would b garnishing my checks now
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 3 months ago

Thank you for your reply.

Your attorney can move for default if they do not show up and do not ask for a continuance. However, the general rule in litigation is "courts disfavor default and favor trials on the merits," which means that if they appeal the default many times they will get it vacated.

You need to get your attorney though to object to the delays in writing and ask the court to deny any further continuances.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Consumer Protection Law Question
Customer reply replied 3 months ago
Should I get a better lawyer that knows what he is doing
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 3 months ago

Thank you for your reply.

I know nothing about your attorney. So it could be your attorney is doing everything they can given the situation. You need to sit and explain to your attorney what you want and what you would like him to do and ask why he is not doing so. Then based on his answer you can evaluate perhaps getting a more aggressive consumer attorney.

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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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