Legal Question in Credit and Debt Law in Massachusetts

Auto Repo

my Girlfriend Co-signed for a car for her Ex boyfriend. the car was repo in 1996 he filed bankrupcy in 1999 in 2004 the bank came after her for payment on car. we asked for paper work that she was properely notified of repo and given a chance to make good on back payments. court set a new date for paper work to be produced when they failed to do so on that day she was ''Bullied'' into signing a payment plan and made like 2 payments we are still asking for the proof she owes this amount we go back to court on march 6 2007 and were still asking for paperwork to be produced. why isnt the court putting a stop to this since for 3 years the bank has yet to prove she ows the debt? i thought we only had to ask for proof of debt and when it wasnt produced the judgment should be for her and from that point on shes not responsible for debt.


Asked on 11/10/06, 12:09 pm

1 Answer from Attorneys
Dmitry Lev The Lev Law Firm

Re: Auto Repo

Could you please clarify what court is hearing this case and where the case is procedurally. It sounds like you are somewhere in discovery and are headed for a pre-trial conference in March 2007. If I understand your facts correctly, you might be able to dispose of the case in your favor via a motion for summary judgment. If the bank has not produced certain documents or failed to answer discovery requests, you may have other recourse. Feel free to contact my office for a free consultation.

Read more
Answered on 11/16/06, 2:23 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Massachusetts