That's the county they filled the suit in so I assume it does. Does anyone know a good online source for checking the repo laws?
Well, I called the circuit clerk in the county in which the suit has been filed. They told me that I could file an answer to this by mail. There was a form I had to fill out and a fee. I asked what the fee was, $123.00. So I commented that it would be cheaper to drive there and appear in person. I'd still have the fee I was told. After talking for a few minutes I came to understand that the only way I won't have to pay this $123.00 is to come to an agreement with the plaintiff before it goes to court. I received the summons yesterday and the court date is the 20th. Not much time.
When was the car repoed? In most cases they only have so long afterward to to file for any balance. Also they must follow the repo laws to the letter.
So should I make an offer to settle? What would be a reasonable offer? I really can't afford a lot right now.
Re: Re: Being Sued by Ford Motor Credit I hope this link will work: http://www.legis.state.il.us/legislation/ilcs/documents/062500050k3-114.htm Its this - (625 ILCS 5/3‑114) (from Ch. 95 1/2, par. 3‑114) If you have to relook it up. Repossession laws start at (f)
Re: Re: Being Sued by Ford Motor Credit Thanks for the link. It does not look like there is much I can use. I think I'm gonna fax a letter trying to get a settlement offer. Question, should I offer something or just let them know I'm interested in settling and see what they offer?
Re: Re: Being Sued by Ford Motor Credit Hi Parent First off, if you "fight" this you will ultimately be delaying the inevitable. All FMCC has to do is prove liability (that you breached the contract) and damages (that you owe them a sum certain). Ford has a pretty easy case. They will easily prove liability. And once they've done so, the court will likely lean in Ford's favor as to the damages. Unless you have a good chance at proving that you are not liable, I would think long and hard about a fight. The harder you make Ford's attorneys fight, the more attorney's fees they generate; and the more they will demand WHEN they win. Moreover, most courts can easily determine whether a defendant is putting up a good fight, or just trying to delay the inevitable. If it's the latter, they will probably stick you with attorney's fees ON TOP of the judgment amount. Do answer the complaint. In most states it's 30 days from service. Some more; some less. Find out. After you've answered, exhale for a day or two. Then contact Ford's attorneys and let them know that you want to pay, but that you're unable to borrow and you can only pay monthly. Let them know that you can't pay anything that requires taking food off the table, but that you will make sacrifices otherwise. They may offer you a deferred judgment. That is, a judgment for the amount owed, but that is not entered. In return, you would agree to the payment arrangement contained in the deferred judgment, and if you default, they will take the document and ask the court to enter that judgment against you for the amount. DON'T let them enter the judgment first. If they do that, then what's the need in paying. If they will do neither, then you're likely in a position where you have to file chapter 7 BK. Ford knows that your situation is not unique, but very common. They just want you to think that you're the only person who owes them. They will work with you. I've read some of the advice given in the prior posts. Most of it is good. But be careful; if you try to get too cute, it will likely backfire. I know; I work in the litigation field (have argued several cases of my own) and I see it quite often.
Re: Re: Being Sued by Ford Motor Credit Yes, I'm sure they can win. I faxed the attorney a letter saying that I was interested in trying to work something out. As for answering I called the courthouse in that county and spoke to the circuit clerk's office. They told me that if I want to say anything in court it's a $123 dollar fee. I'm hoping that the attorney's office will contact me before the court date. I'm not sure if I should go, pay the fee and then try to work something out or just miss it and try to work something out after the default judgement. Either way I think will end up the same. I don't think I have any way at all to fight this. I don't want the car back, it was a peice of junk and by the time it had 40,000 miles wouldn't even run. They had to tow it away. I just want to find some way to settle this without getting taken to the cleaners and having wages garnished.
Re: Re: Being Sued by Ford Motor Credit By the way. I have not heard anything back from these attorney's. Should I call them on Monday, or maybe call Ford?
Re: Re: Re: Being Sued by Ford Motor Credit Did they follow the repo laws to the letter? Was everything done by the book?
Re: Re: Re: Being Sued by Ford Motor Credit Yes, as best as I can tell they did. Should I contact Ford or the lawyers handling this tomorrow?
Re: Re: Re: Being Sued by Ford Motor Credit Well, unless someone has any other advice I'm gonna try to get a hold of Ford credit or the lawyer handling it today and try to work something out. Thanks everyone for all your help.
Re: Re: Re: Being Sued by Ford Motor Credit Ford has a pretty easy case. They will easily prove liability. And once they've done so, the court will likely lean in Ford's favor as to the damages. Unless you have a good chance at proving that you are not liable kickman =========== That is to say if they are in compliance with repo laws in this case. ><-
