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    healthkicks's Avatar
    healthkicks Posts: 2, Reputation: 1
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    #1

    Dec 26, 2006, 11:55 AM
    Judgement question
    If a bank places a judgement on a loan, where the merchandise is returned, sold, and there is still a balance due (that is too much to handle ), is the only solution bankruptsy? The bank does not seem willing to lower payments, and I am staying about 2 - 3 months behind on the note.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #2

    Dec 26, 2006, 12:14 PM
    A bank cannot place a judgment, only the court can. They must file suit to obtain a judgment.

    Is this a balance due after the items return to whom?
    healthkicks's Avatar
    healthkicks Posts: 2, Reputation: 1
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    #3

    Dec 26, 2006, 01:06 PM
    This is from a business loan for equipment. Original amount around 36K, now at 29K ( much late fees, etc. ). Never could get caught up. Business is still going, but on a much reduced scale. The bank has taken money out of my acccount to make payments on the loan several times, causing me multiple NSF checks ( they did not cover ), plus $1000s in fees now.
    I can't pay the high monthly payment, and am behind on current loan. They would get the equipment, sell it, then apply it to the balance.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #4

    Dec 26, 2006, 01:26 PM
    The Bank can Reposses the equipment and sell it at auction most likely, you would still be accountable for the balance due after the sale.

    Do they have a lien on the equipment?

    It's sound like they will take you to court if you done pay the loan up-to-date soon.

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