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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I have auto loan auto loan deficiency judgment in the state

Customer Question

JA: Hello. How can we help?
Customer: I have auto loan auto loan deficiency judgment in the state of florida.
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: I missed the court date
JA: Please give me a bit more information, so we can help you best.
Customer: I missed the court date because they sent info to a relative home and they never communicated to me that I had a letter that needed my immediate attention
JA: After we'd chatted a lot online, and if you were coming to Detroit, and if you asked really nicely, and suggested some great restaurant, then I might consider it. Tell me about youself.
Customer: I had a Mercedes benz...I surrender the vehicle after I lost my job...
JA: Is there anything else important you think the Lawyer should know?
Customer: I just wanted to know what are my option after the auto loan deficiency judgment has been issued
JA: OK. Got it. I'm sending you to a secure page on JustAnswer where you can place your fully refundable $5 deposit (plus $31 after the Lawyer responds). While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

If your judgment was entered within the last 6 months, you can file a motion to vacate (set aside) the default judgment, and allow you to try to defend the judgment on its merits. (Most plaintiffs will stipulate (agree to) set aside the judgment simply because courts will readily vacate default judgments entered recently, preferring to hear matters on their merits.

However, if the judgment is older than 6 months, (and even if it is less than 6 months, where you are simply delaying the inevitable), you are going to have to work on negotiating the judgment/amount due.

When trying to settle a debt, creditors generally prefer lump sums over payment plans. They are often willing to accept an amount less than the full debt (the trade off is that they get a quick payment and don't have to worry about ongoing collection costs or administration). If you do not have the ability to offer a lump sum for something the creditor will accept (some will accept a small portion, while others want close to the full amount), you can try a payment plan, these are less satisfactory to the creditor (especially if they have a lien on your property already), but if you are willing to offer something with a reasonable chance to get the creditor a large amount of their debt back, you are likely to get them to accept it.

Whenever working with a creditor, make sure that you keep your communications in writing (if you speak to someone by phone, promptly send a confirmation letter to summarize your conversation), as this will help to ensure that there is no confusion later on, and you will be able to enforce your settlement against any future collection efforts.