Legal Question in Credit and Debt Law in California
Reposession that is going to court
I owe the amount of $8,482.11 for a reposessed motorcycle and a Visa card. I was delivered papers to my door (I did not sign for them). The papers are showing all the legal papers as well as a court date to appear. I want to know how I can get out of this. I obviously don't have the money or it would not be a problem. What will happen if it goes to court? What are they going to get? Can they garnish my wages?
2 Answers from Attorneys
Re: Reposession that is going to court
You cannot get out of it other than by bankruptcy. What happens next depends on the type of papers they are. You dont need to sign for them. ignore them at your own risk.
Re: Reposession that is going to court
What you do next depends upon the types of papers that were delivered.
If they are a Summons and Complaint, then you have been sued, and
you will have an opportunity to defend yourself against the claims
that you owe the money. The Summons says right on the
front of the document that you have 30 days from when you got it to
file with the Court a document called an "Answer."
You can get a form for an Answer at the clerk's office,
which you then fill out and file with the court and
send a copy to the attorney for the other side.
If the papers you got were something other than a Summons and Complaint,
then it's possible that you have already been sued
and they already have a judgment against you. If so, then, yes,
they can garnish your wages.
You should run, not walk, to the office of a local
attorney with those papers in hand.
Bankruptcy is a possibility that you should consider,
but you can discuss that with your attorney.