[tkindred]

I bought a Dodge Magnum in 05 new, I shortly after, couldn't afford it. I took it back to the dealer and dropped off the keys as instructed by Chrysler. Last week I was served with papers stating Im am being sewed for $10,500. In the letter it says that I need to have a reply letter sent to the court within 20 days. Ok, but what do I say? "Yah, i bought it, i owe?" The bad thing is I just got married and now have a "Instant" family of 5. I know I will have to get a second job to compensate for the loss of income. I just need to know what to say in the letter to the court. Any information will help. Thank You.

[ScottGem]

Did Chrysler also instruct you that you would owe the balance of loan? I'm curious as to what correspondence when on between you. Its possible that you were given bad advice and you MIGHT (longshot) be able to fight this on those grounds.

So we can't advise on what to say to the court until we know more about what went down between you and Chrysler.

[tkindred]

From what I can remember, I call them and told them I can't afford it and I knew that they would repo it because I could not make any more payments. I asked where could I leave it for them to get it. ( at this time in my life, a new car in this type of neighborhood would not last long if not moved daily.) I told her ( the lady that answer at Chrysler) that I didn't feel it would be safe at my house. She told me to return it to my dealer and they would take it from there.

That is what I remember, I wish now I would have written things down for my records, but I didn't know it would be a big deal years later. I know I signed, and I know I owe them, I just don't know what to write in the letter to the courts. And do I need to show up to the court?

[ScottGem]

Well, that doesn't help you at all. What you did was the worst thing you could have done. What happens in a case like yours is that they sell the car at auction and then go after you for the balance.

You could have sold it or transferred it someone else to just take over the payments and gotten yourself off the hook.

Anyway that's water under the bridge. I think your best bet at this point is to try to work out a settlement before you have to go to court. And that's what the answer to the court would be. Just a simple statement that you are trying to work out a settlement. Yes you do want to show up at the hearing. Otherwise they just get a default judgement. They will probably get a judgement anyway, but you can at least demand an accounting of what you owe.

[tkindred]

I've been looking into the price that the car was sold for. I bought it for $23,000. I had it for 6 months, they say I owe them $10,500 which means they sold it for $12,500?!
I was not notified of the sell and, is this not failuar to sell the car in a commercially reasonable manner??

[ScottGem]

No its not. They are under no obligation to do so. As I said, typically such cars are sold at auction and get whatever the auction brings. Also, the $10,500 they are suing you for may include interest on the balance. And, you know that a car depreciates like 30% the minute you drive it away from the dealer. So the car was probably worth around $15K When you turned it in.

[tkindred]

Well, this is all I've got... let me know if a can improve it.


Dear Judge XXXXX,

My name is XXXXXXX, I did purchase a 2005 Dodge Magnum SXT on or around March 8th, 2005. I would like to state that I know I DO owe for a balance of the car. The question is the amount of the balance. I believe that they failed to sell the car in a commercially reasonable manner. The attached pages are the facts that I have found to support this reason.


This was the information in 2005 for the Magnum SXT when I bought it for around $24,000 on or around March 8th, 2005. It was a dealer car with 17,085 miles on it. It was voluntary repossessed by driving it back to the dealership on or around Sept. 21st, 2005 by the direction from Chrysler. The mileage was on or around 23,902 miles when returned. The car was clean and there was no damage to the interior or exterior of the vehicle. This car was bought for on or around $24,000, and they say I owe them on or around $10,500. This tells me they sold this car for on or around $13,500 in 2005.

Below is the information quoted in 2005 for the Magnum SXT for selling in a 2005 market.

2005 Dodge Magnum SXT
• MSRP: $22,020 - $32,070
• Invoice: $20,488 - $29,533
• Details: 3-Point Seat Belts, Adjustable Steering Wheel, Dual air bag, Air Conditioning, Anti-theft System, CD, Child Safety Locks, Compass, Cruise Control, Intermittent Wipers, Power Locks, Power Mirrors, Power Outlet, Power Seats, Power Steering, Power Windows, Rear defroster, Premium Wheels, Tachometer, Thermometer, Spoiler

As I’ve stated before, I know I owe a balance. I respectfully ask the court to review this information and review what should have been a fair selling price in 2005. I respectfully ask the court to review this information reduce the balance owed.

I am currently seeking a second income to subsidize this garnishment when it becomes effective. I plea on the mercy of the court that the amount that will be garnished from each check until the balance is paid in full will be reasonable for both parties.

Respectfully,


XXXXXX XXXXXXX


I have attached behind this letter, samples of today’s market for 2005 Magnums that have twice as much mileage and usage that are selling for around the same price they sold mine for two years ago.

[JudyKayTee]

Well, this is all i've got... let me know if a can improve it.


Dear Judge XXXXX,

My name is XXXXXXX, I did purchase a 2005 Dodge Magnum SXT on or around March 8th, 2005. I would like to state that I know I DO owe for a balance of the car. The question is the amount of the balance. I believe that they failed to sell the car in a commercially reasonable manner. The attached pages are the facts that I have found to support this reason.


This was the information in 2005 for the Magnum SXT when I bought it for around $24,000 on or around March 8th, 2005. It was a dealer car with 17,085 miles on it. It was voluntary repossessed by driving it back to the dealership on or around Sept. 21st, 2005 by the direction from Chrysler. The mileage was on or around 23,902 miles when returned. The car was clean and there was no damage to the interior or exterior of the vehicle. This car was bought for on or around $24,000, and they say I owe them on or around $10,500. This tells me they sold this car for on or around $13,500 in 2005.

Below is the information quoted in 2005 for the Magnum SXT for selling in a 2005 market.

2005 Dodge Magnum SXT
• MSRP: $22,020 - $32,070
• Invoice: $20,488 - $29,533
• Details: 3-Point Seat Belts, Adjustable Steering Wheel, Dual air bag, Air Conditioning, Anti-theft System, CD, Child Safety Locks, Compass, Cruise Control, Intermittent Wipers, Power Locks, Power Mirrors, Power Outlet, Power Seats, Power Steering, Power Windows, Rear defroster, Premium Wheels, Tachometer, Thermometer, Spoiler

As I’ve stated before, I know I owe a balance. I respectfully ask the court to review this information and review what should have been a fair selling price in 2005. I respectfully ask the court to review this information reduce the balance owed.

I am currently seeking a second income to subsidize this garnishment when it becomes effective. I plea on the mercy of the court that the amount that will be garnished from each check until the balance is paid in full will be reasonable for both parties.

Respectfully,


XXXXXX XXXXXXX


I have attached behind this letter, samples of today’s market for 2005 Magnums that have twice as much mileage and usage that are selling for around the same price they sold mine for two years ago.

I don't see this as a defense - unless you are accusing the dealership of fraud and I don't see you have proof. This type of sell off following a repo or surrender happens all the time.

The info about how/when you are going to pay the debt is also not appropriate here - that comes AFTER the Judgment is granted.

You can always try this letter but I honestly think it's a waste of time - too late now but it should have been handled in another fashion but I'm sure they didn't tell you that at the time.

[ScottGem]

I agree with Judy, there is nothing in this letter other than the fact that you acknowledge owing a balance that the judge will care about. The court will not investigate for you. That's your job. Personally I think a judge is going to look at this letter and see someone who screwed up by turning the back into the dealer and is trying to cover that mistake.

I told you what your answer should be.