Legal Question in Credit and Debt Law in Florida

Initially, you should probably just file an answer denying all allegations in the complaint. Just write "All allegations in the complaint are denied." You should also add something called "Affirmative Defenses," stating that 1) the plaintiff sold the vehicle for less than its fair market value and therefore failed to mitigate its damages; and 2) the defendant is entitled to a set off for the fair market value of the vehicle.

It sounds as if you may be a good candidate for bankruptcy. In bankruptcy, you may be able to wipe out this debt entirely. You should definitely consult with a good bankruptcy attorney in your area. Our office offers a free initial consultation. We'd be happy to speak with you about the situation.

You may be a candidate for Bankruptcy. However, another avenue to consider is possibly pursing a claim against the finance company. When a vehicle is repossessed, voluntarily or not, the law requires firm compliance with the law. Did they give you adequate notice, did they afford you the opportunity to buy back, did they give notice of the auction or privated sale, and did they get a reasonable price, etc. If not, you may be able to get the debt wiped out and all your attorney's fees and cost paid by them. Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com