Legal Question in Credit and Debt Law in California
Leassed vehicle
My husband and I leassed a sweeper in 2004. The total cost was $55000 including interests. We had it for almost 2 years and paid about $16,000. In 2006 we return it because our small business failed and we could no longer pay for it. The finance company claims that they sold it for $20,000 and now they are coming after us for $15,000. We do not own any assets, if we go to court and we prove that we cannot pay this money, what is likely to happen? Please let me know I am desperate.
2 Answers from Attorneys
Re: Leased vehicle
Inability to pay is not a legal defense. You might be able to work out a repayment plan with the leasing company or you might be able to show that he leasing company did not do enough to get a better price for the vehicle.
You may have other debt problems associates with the business, so a consultation with a local bankruptcy attorney might be helpful.
Re: Leassed vehicle
Your ability to pay, or lack thereof, is not a defense. You may want to consult with a bankrupcty attorney or try to make payments. If you cannot make payments, they will sue you. Thus, it is important to consult with a bankruptcy attorney as soon as possible.
Good luck.