Legal Question in Civil Litigation in Kentucky

fililng of motion

I bought a car from a finance company. I could not afford it no longer and it was repo. I received a letter in the mail for a court date. I showed up, but the finance company did not. I thought it would be dismissed, but the judge informed me that the finance company can still file a motion. Two weeks after court I receive a letter in the mail from the company filing a motion. What does this mean and what can I do? Can I still hire a lawyer and stop this motion and file bankruptcy. this is something that I do not what to do, but my debts are really high.


Asked on 3/05/09, 12:01 pm

1 Answer from Attorneys
E. Brian Davis Davis Law Office

Re: fililng of motion

Without seeing the paperwork, it is difficult for me to know for certain what is happening. An educated guess is that they sold the car, didn't get enough to pay off the loan, and are now suing you for the balance. If they get a judgment against you, they can garnish your wages, file a lien on your home, take money from your bank account by filing a non-wage garnishment, etc.

None of that stops you from filing bankruptcy. If they have started trying to collect and you file bankruptcy, they have to stop.

Bankruptcy may or may not be the right thing for you. Consult an experienced bankruptcy attorney to see if bankruptcy is your best option. You should try to do so quickly, so you can stop any collection activity.

Good luck!

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Answered on 3/05/09, 12:52 pm


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