AVOIDING COURT A friend of mine received a summons yesterday concerning an account that she had not paid with a bank. It was for a car. I think it says that the balance is $6900 plus attorneys fees, court costs, etc. For some reason they did not repossess the vehicle, but they wrote it off. She told me that she thought that since they wrote it off, she thought she did not have to pay for it anymore. I told her that you still owe even if they write it off. Anyway, she wants to keep a garnishment from happening to her and her husband. I told her that I did not know how she could prevent that because she does not even a fraction of the money to prevent it from happening. She told me that she could try to work it out that she could pay $1500 a month until it was paid off. I told her to contact a lawyer. I also told her that I would ask "a group of people that were familiar with these types of problems." So does anyone have any suggestions?
Re: AVOIDING COURT Don't they have to attempt to resell the vehicle? If they just wrote it off, without ever trying to sell I think that may be a defense. Especially if she told them to "come and get it". If this ISN'T a defense (and I'm just making this up in my head), I would have her try to settle out of court. She might have to pay the whole car amount, but at least get out of attorneys fees etc.
