Ask Experts Questions for FREE Help !
Ask
    abdulsene's Avatar
    abdulsene Posts: 3, Reputation: 1
    New Member
     
    #1

    Jan 19, 2006, 08:27 AM
    Default on car loan
    I am facing a serious situation.I had a car loan and then I gat into an accident.It was a hit and run and the police never found the people that hit me.Unfortunelty right before that, because of serious financial problems, I couldn t make my insurance payments.Now I received a call from a lawyer saying that I should either pay the whole lump sum or got to court where I will be sentenced to jail and all of that... I am still in a terrible financial situation as I am self employed and working on a business that should take off soon once I get funding for it..
    What should I do? Can I go to jail for this??
    I need help..
    Thank you..
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #2

    Jan 19, 2006, 08:29 AM
    Jail
    NO you can't go to jail, there is no one a Debtor Prison, they tell you that to scare you.
    abdulsene's Avatar
    abdulsene Posts: 3, Reputation: 1
    New Member
     
    #3

    Jan 19, 2006, 08:46 AM
    Thank you
    Thank you for the reply. Now If they don t have my current address and employment informations, do I still have to go to court?
    Also I am willing to work out a payment plan? Is there a good way to go about negociating a settlement..
    Thank you again.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #4

    Jan 19, 2006, 09:01 AM
    Court
    If you are serve with a summons, go to court, call the loan company explain your problem an try t owork it out with them. But it you get a summon, got to court or they will automatically get a default judgment.
    abdulsene's Avatar
    abdulsene Posts: 3, Reputation: 1
    New Member
     
    #5

    Jan 19, 2006, 09:11 AM
    Question
    So they need to obtain my current address to serve me with a summons, right?
    Also are those collection agency lawyers?
    Because it looks like my loan default has been to transferred to a collection agency..
    Thank you for your help.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #6

    Jan 19, 2006, 04:04 PM
    Quote Originally Posted by abdulsene
    I am facing a serious situation.I had a car loan and then I gat into an accident.It was a hit and run and the police never found the people that hit me.Unfortunelty right before that, because of serious financial problems, I couldn t make my insurance payments.Now I received a call from a lawyer saying that I should either pay the whole lump sum or got to court where I will be sentenced to jail and all of that...I am still in a terrible financial situation as I am self employed and working on a business that should take off soon once I get funding for it..
    What should i do?? Can I go to jail for this???
    I need help ..
    Thank you..

    First most likely you did not get a call from an attorney, but got a call from a very low life collection agent. Next are you making the car payments, as long as you are making the payments they can't do anything.

    You do and will have to pay for the car. If you call them and work out a payment plan on the balance, that should settle it.

    If you can't pay them, let them sue you, they will get a judgement, and then they will

    1. attach (take) all the money in all of your bank accounts, so bascily before that court date you close all of your bank accounts if you have any.

    2. put a lien on your home if you own one.

    3. get a garnishment of your wages, that can range differntly I have seen a couple cases of someone getting 1/2 of their wages taken, but this was someone not married living at home with mom. The average is about 25 percent of your wages.

    Now the business can be an issue, since if you get funding they may try to attach this also. So you will have to incorporate your business to protect the money there. Also it is likely you having a personal judgement may hurt your getting finical help on a business also.
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
    Ultra Member
     
    #7

    Jan 19, 2006, 06:32 PM
    Quote Originally Posted by abdulsene
    So they need to obtain my current adress to serve me with a summons, right?
    Also are those collection agency lawyers?
    Because it looks like my loan default has been to transferred to a collection agency..
    Thank you for your help.
    Yes, they need your current address to serve you with a summons.

    Yes, they proabally are collection agency lawyers. However, honestly, I think they lied to you and were just pretending to be lawyers. Because no lawyer would have threatened you with jail time since you can't go to jail for not paying your bills.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Manufactured home default law before repossesion [ 7 Answers ]

I just have a question about the law that surrounds manufactured homes (mh). Our mh loan is due on the 1st, we are generally always late, usually paid on 12th or later. We never not pay, we pay. The company that our loan is through has a guy who is completely rude. He considers it 30 days late...

MS Excel default settings problem [ 0 Answers ]

Suddenly on my MS Excel, EVERY previously saved file I have opened has 4 of the columns, BM through BQ with the text in white, so I can't read it. Of course, I can manually switch it back to black, but what caused this? The file dates still have their old original saved dates, so it must be a...

Default judgement [ 2 Answers ]

I live in New York state, I had a default judgement placed against me because I didn't answer to an attorney letter, I feel I was not served properly, I want to try to get the default judgement set aside. I've been told to file a request for judicial intervention and a motion, well I found the form...

Microphone is muted by default [ 1 Answers ]

HI GUYS, All of a sudden , I am unable to use my microphone as there is no sound recorded through when I try with sound recorder.onchecking I found that in the recording control -properties,microphone is muted by default ,I am unable to deselect the checkbox there. I am unable to...

Two default directories made on DOS [ 1 Answers ]

Whenver we make a dir in DOS , there are two directories created by default with the name . And .. What does this signify?? Is it related to.. in cd.. Please Help


View more questions Search