Legal Question in Credit and Debt Law in Kansas

Re: Court for repo?

You are not going to court for the repo, you're going to court to enable the car company to collect a "deficiency judgment." When you bought the car you financed an amount (let's say $5000). You paid on it for a while, and when you defaulted you probably owed $3000. The car company then sold your repo to the highest bidder, but being a repo, it sold for much less than the market value. If the Blue Book was $2000, it probably sold for about $1000. The car company got back most of its money, but not all of it. So now it tacks on interest, costs, and attorney's fees, and it sued you for the deficiency (the difference between the $3000 you owed and the $1000 it got back.

There are often defenses that can be asserted to a deficiency judgment, including impairment of collateral and other defenses you should discuss with an attorney. You may be able to reduce the amount of the deficiency judgment, or avoid it altogether. And, if your economic situation is particularly grave, you may want to seek help from a credit counseling service.

Good luck.