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s407m · Aug 24, 2007, 09:14 AM

I tried to look to see if there was a similar question first but couldn't find anything.

I had a car repoed about 6 years ago, I originally bought the car in FL and it was repoed in FL. When I pull my credit report etc it shows my current address in FL. But I received a summons for the amount of the car in NY at my parents house. My mom didn't take the summons saying that she doesn't know where I live but they left it at the door anyway. I called a lawyer here in fl but they said I had to call someone in NY.

My mom mailed me the summons and there is a date of 5/25 on it but then it is stamped that it was filed on 7/3. There is no date that I need to appear in fact it says I do not need to appear in court.

Not sure what to do, any advice for me? I would really appreciate some insight.

ScottGem · Aug 24, 2007, 09:26 AM

What it probably says is you need to file an Intent to Defend. It probably says something about not showing and a default judgement will be entered.

When an asset used to secure a loan is repoed, the asset is generally sold at auction and the proceeds applied to the outstanding loan balance. In most cases, this will not cover the balance of the car loan and the lender can sue you for the balance.

I would contact the court and try and find out if a judgement has been entered. If it hasn't what you have to do to defend against it.

s407m · Aug 24, 2007, 09:41 AM

Originally Posted by ScottGem

What it probably says is you need to file an Intent to Defend. It probably says something about not showing and a default judgement will be entered.

When an asset used to secure a loan is repoed, the asset is generally sold at auction and the proceeds applied to the outstanding loan balance. In most cases, this will not cover the balance of the car loan and the lender can sue you for the balance.

I would contact the court and try and find out if a judgement has been entered. If it hasn't what you have to do to defend against it.

Well I just tried to call the court and got no where but machines. I did talk to a CPA that had assisted someone I know if NY with something similar but I think he just screwed me because he called the credit place that I owe and now they want me to either pay in full or pay half now and 300 a month till its paid.

The CPA said that as of right now I have until 8/30 before there will be a judgement. ERGGGHHH so now I have to get a lawyer in NY I suspect... My husband is not happy and we can't have our bank accounts taken. Can they do that? This is debt in my madien name?

ScottGem · Aug 24, 2007, 09:49 AM

Any account that you are listed on as joint tenant would be subject to garnishment.

You need to file an Intent to Defend and request a change of venue. But your only real hope here is if the statute of limitations has expired on the debt.

s407m · Aug 24, 2007, 10:07 AM

Originally Posted by ScottGem

Any account that you are listed on as joint tenant would be subject to garnishment.

You need to file an Intent to Defend and request a change of venue. But your only real hope here is if the statute of limitations has expired on the debt.

How do I file for that? I think they had about a year left before the statue was out cause isn't it 7 years? Well would it be SOL from FL or NY? So freaking confused.

ScottGem · Aug 24, 2007, 10:09 AM

If the car was purchased and repo'ed in FL then it should be FL Law. Contact the court on how to file your motions.

s407m · Aug 24, 2007, 10:17 AM

Originally Posted by ScottGem

if the car was purchased and repo'ed in FL then it should be FL Law. Contact the court on how to file your motions.

Thank you so much for your replies. I think I will wait till 2 an hope that someone will answer the phone at the upstate NY court office.

Still not sure why it was filed in NY when I bought the car in FL.