Legal Question in Credit and Debt Law in California

hello,

I have received an OSC either "either judgment or dismissal" "notice of hearing" in county civil court by a law firm listed as "legal recovery law offices" ....I'm not gainfully employed nor do I own any property but will have a 2000 honda accord payed off by oct 2010, and I see the hearing date is set for sept 15 2010.....(I assume they have timed it so that they can lien or assume ownership once I have payed it off in oct).....

I am in tremendous debt and haven't been able to afford a BK

I assume they are going to try to take my vehicle once in my name, or place a lien on it..... I owe this creditor somewhere in the neighborhood of 10K ...

I will not be at the hearing......

will they in all likelihood take ownership of my car?

how long before they attempt possession?

if I purchase the vehicle, finish payments early before the sept 15 2010 date and take possession perhaps sell the car to a relative could that be my loophole to "physically" hang on to the vehicle?

if not how long would have to finish payments so that there lien would not hit the dmv before I am able to finish paying and or turn around and sell it?

(I have been borrowing from relatives, to keep my car, but they will not make creditor payments for me) (I cannot afford payments to the creditor as work is virtually non existent)

any help would be appreciated..


Asked on 9/01/10, 4:17 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You can probably file for bankruptcy without incurring any charges depending on your financial circumstances. Bankruptcy court now has a filing fee-waiver program for people without means to pay the $299 filing fee. There are many self-help books at the library and bookstores to assist you with preparing a bankruptcy petition.

It appears that the order to show cause hearing (OSC) was calendared by the court -- usually for 270 days after the lawsuit was filed -- so it wasn't the creditor who did so. You didn't say whether you filed and served an answer to the lawsuit. You must do so within 30 days of service upon you. If you do not do so, a default judgment will be imposed upon you, and the creditor could take all steps to collect on a judgment. If you do file your answer, you might include affirmative defenses, such as the running of the statute of limitations on collection of the debt, if appropriate.

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Answered on 9/06/10, 5:01 pm


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