Being Sued by Ford Motor Credit
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  1. #1
    Join Date
    Jul 2003
    Posts
    81

    Being Sued by Ford Motor Credit

    Received a summons today, I‚??m being sued for a car by Ford Motor credit in 6 days. The total they are suing for is 9719.63 and costs. I am at my wits end. I am the only one working right now. My husband had a major medical problem a year and a half ago. He is not working, has no money coming in, and probably will not be back to work anytime soon. I owe the money but there is no way I can afford to repay that right now and if my wages are garnished I don‚??t know how we would live. A couple of months ago they offered to settle for $5000 dollars which was a good offer but they wanted the money then and I just didn‚??t have it. Any chance I can make a deal with the lawyer handling this? If they garnished my wages it would take forever to pay this off. Can anyone offer any advice?


  2. #2
    Join Date
    Apr 2004
    Posts
    1,022

    Being Sued by Ford Motor Credit

    in order to garnish your wages a judgement or court order must be obtained.

    go to court and explain your position and tell the judge you can make minimual payments , if the attorney refuses that state you have no assets to attach or put a lien on.

    if the attorney is granted a judgment and files for a wage garnishment there is a form you can file with the court that is called a claim of exemption, but you must prove you have no ability to pay and more than 1/2 your income in needed to support yourself which in your case sounds like it.

  3. #3
    Join Date
    Jul 2003
    Posts
    81

    Being Sued by Ford Motor Credit

    Thanks

    I'm sure they will probably win. I did buy the car and financed it through them, they included copies of the contract on thee summons. I couldn't afford an attorney and the court I have to go to is over 40 miles away.

    I have never heard of a claim of exemption. Is that something in all states? I live in Illinois and I always understood that when they garnish your wages there is not much you can do about it. Between house payments, lights, gas, and food we need more than 1/2 of my income.

    Something I didn't understand. On the summons near the top it says

    "This is an Arbitration Case"

    What exactly does that mean?

  4. #4
    Join Date
    Mar 2004
    Posts
    448

    Being Sued by Ford Motor Credit

    No clue whether this applies here....but ... I recall reading somewhere here that you could offer them what I think was called a "settlement conference". Then if they refuse your settlement offer, when you go to court you can at least show the judge that you were making every effort to settle. During the settlement conference (if it happens) you could let them know the amount (even tiny) that you'd have available to pay them given your finances.

    You can also state that you are really NOT interested in filing a BK, though you may be forced to do so if the judgment was successful and they forced a garnishment on you.

    I'm not SAYING to file, but I'm hoping that hinting will make them realize you're a the end of your financial rope? I don't know, but between that and your hubby's situation you might be able to work something out amicably. If nothing else you'll have the sympathy of the judge that you did you level best to make this work out.

    Best of luck, and please write to let us all know the progress. We're here for ya.

  5. #5
    Join Date
    Apr 2004
    Posts
    1,022

    Being Sued by Ford Motor Credit

    arbitration case means you agreed to settle this matter outside of court.

    there are free legal aid or help clinics you can also go to a site called lawguru.com and ask a lawyer from your state a question.

    you may need help as far as the claim of exemption goes im not sure if its different in other states it might be called something different.

    sorry

  6. #6
    Join Date
    Jul 2003
    Posts
    81

    Being Sued by Ford Motor Credit

    Thanks gold.

    Are you saying I should contact their lawyer before I go to court and try to reach a settlement?