Legal Question in Credit and Debt Law in New York
Will sending a hardship letter to a creditor keep me from being sued? I am the head of household with no additional income. (New York) I am the cosigner on a auto deficiency loan.
1 Answer from Attorneys
In most circumstances, a hardship letter by itself will not prevent a creditor from bringing suit against you. This type of letter is usually sent in an effort to obtain a settlement. I know of an instance where a client lived primarily on exempt income (social security), the client sent a letter to the creditor informing them of their exempt (aka collection proof) status, and the creditor still sued.
If you require assistance in resolving your liability on an automobile deficiency account, contact my office for a free evaluation. We may be able to help you save a substantial amount of money, avoid suit and judgment, and mitigate further damage to you credit report.