Legal Question in Credit and Debt Law in North Carolina

I have been served a Civil Summons from First Bank (for a financed auto loan) I do not know what this means for me. The outstanding balance was approx. $2657.77. The car was repossessed and auctioned and sold for 1200.00. They are now after the outstanding balance plus fees. I dont know what I can do. Of course they want the total amount of the outstanding loan but I have had so many issues with this situation and do not want any legal issues. Im scarred because I have never been through anything like this and this is the first car I have ever purchased. Could you possibly give me some advise on this situation Please and thanks.

Sincerely,

De


Asked on 5/30/10, 11:46 am

2 Answers from Attorneys

Jeff Rosner Rosner Law Firm P.A.

You are being sued for the balace. If you do nothing, the creditor will get a default judgment against you. If you answer and admit the allegations in the complaint, you will most likely get a summary judgment against you. You say that you have so many issues with this situation. I don't know what that means but if you have any valid defenses, you will need to raise them. Unfortunately you would most likely need to get an attorney to help you with this.

You must file an answer with the court within 30 days of receiving the summons.

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Answered on 5/31/10, 4:45 am

I would echo Attorney Rosner's advice. If the car was repossessed and sold, that has to be deducted from the balanced owed on the car. However, the lender probably added interest and collection fees, as well as other costs. Unless the statute of limitations applies or the repossession and sale was done imnproperly, you may not have any defenses. If you would like me to see if you do, feel free to contact me.

If you don't, then there is no point in hiring an attorney to draft an answer for you. However, do you have the means to pay all or part of your debt? I can also help with that.

You say you have had issues - with the lender or the car itself? If it was the car itself, that is not the lender's problem. That would be between you and the car dealer or car manufacturer. However, it is a moot point since the car has been repossessed and sold.

Nobody likes being sued, but it is nothing to be frightened of. You Judgments in NC last for 10 years and bear interest at the rate of 8% per year. Judgments can be renewed for another 10 years. If you do nothing, the judgment will only get larger. You do need to get this resolved as soon as possible if that is an option for you.

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Answered on 5/31/10, 8:22 pm


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