Legal Question in Credit and Debt Law in Missouri
boat loan default
had a loan for a boat. boat was going to be repossed at the same time boat was stolen from my driveway and later found and placed into a towing company storage. lender wante boat, told them where boat was and thought they had taken it. found out later boat was signed over to tow comapny for sale to pay for storage. now lender is sueing me for balance due on boat. on my last court date the attorney for lender did not show, court was rescheduled by the jusdge. should that have been thrown out of court since the lender had no council?
1 Answer from Attorneys
Re: boat loan default
There is no hard and fast rule as to whether a judge is to continue a hearing or default one side out if they do not appear for court. It is often a discretionary decision for the judge to make. If you requested that the case be dismissed for lack of prosecution, and the judge set it over, that is frustrating. If they do not appear at the next hearing, then you should explain that frustration to the Judge. You might sway his discretion and convince him to dismiss the case.
The creditor will probably be able to refile the suit. If your note or purchase agreement calls for attorney fees, you might wind up paying more in the long run.
You did not mention it, but did you get hard figures on teh sale of the boat to cover storage fees? There might have been excess money from the sale that should be applied to lessen your obligation to the lender.
Good Luck
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