My issue stems from a finance company suing me for the balanced owed on a truck that was totalled in a accident, and the trucks blue book value was paid. The finance company states that the remaining balance must be paid be me. I have received a summons from state court, and a letter from a lawyer.

Last year I set up a repayment plan with a different lawyer who was in charge of the account. The payments were taken directly from my bank account, now I have a different lawyer hounding me, and the remaining balance remains the same as it was when I entered in agreement with the previous lawyer.

What is my next course of action. Help please.

Thank you.

On the summons there should be a list of options on how you are able to respond... there should be one stating something to the effect of "I am aware of the debt, but disagree on the amount owed"...

If they are asking you to respond to the summons with your answer then you should attach copies (hopefully you have them) of the previous agreement with the first lawyer... and also proof of the payments taken directly from your bank account... Are you sure these payments were forwarded to the appropriate company? Have you tried asking this company if they have any records of payments made...

If the summons is without a court date and is just asking for you answer, you should type something up to the effect that you deny the charges, you've already paid the remaining balance over and above the blue book value on the vehicle and here *attach above records* is the proof with the previous lawyer...

MAKE COPIES OF EVERYTHING YOU SEND...
SEND EVERYTHING CERTIFIED MAIL SO THAT YOU CAN BE SURE THEY GOT IT, AND THEY WILL HAVE TO SIGN FOR IT...

If there is a court date on the summons already, you could try contacting the new lawyer's office and offering up the information that you've paid already and are more than willing to show them your records of payment to the previous lawyer.. and if that satisfies the current lawyer's office, they will stop the proceedings and you won't have to go to court... but make sure to DOUBLE CHECK everything the current lawyer tells you with the court clerk's office in whatever county they're suing you...

And good luck...

Quote:

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Originally Posted by RedneckMama

On the summons there should be a list of options on how you are able to respond...there should be one stating something to the effect of "I am aware of the debt, but disagree on the amount owed"...

If they are asking you to respond to the summons with your answer then you should attach copies (hopefully you have them) of the previous agreement with the first lawyer...and also proof of the payments taken directly from your bank account...Are you sure these payments were forwarded to the appropriate company? Have you tried asking this company if they have any records of payments made...

If the summons is without a court date and is just asking for you answer, you should type something up to the effect that you deny the charges, you've already paid the remaining balance over and above the blue book value on the vehicle and here *attach above records* is the proof with the previous lawyer...

MAKE COPIES OF EVERYTHING YOU SEND...
SEND EVERYTHING CERTIFIED MAIL SO THAT YOU CAN BE SURE THEY GOT IT, AND THEY WILL HAVE TO SIGN FOR IT...

If there is a court date on the summons already, you could try contacting the new lawyer's office and offering up the information that you've paid already and are more than willing to show them your records of payment to the previous lawyer..and if that satisfies the current lawyer's office, they will stop the proceedings and you won't have to go to court...but make sure to DOUBLE CHECK everything the current lawyer tells you with the court clerk's office in whatever county they're suing you...

And good luck...

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This must vary State to State - this is a State Court matter, not Small Claims - take a look at the "stickies" at the top of the site. You MUST answer in accordance with the laws in your State or you will be in default.

Is this a new law firm, another Attorney in the same firm? Were the payments in accordance with an agreement which "they" are now violating?