Legal Question in Credit and Debt Law in Oklahoma
Voluntary Repo
In 1995 I bought a Lemon Car.After paying enormous monthly and insurance payments, I could not afford to fix it. i never missed a payment in 1 1/2 years. I returned the car. My husband, as of 1998, was my co-signer. In 1997 he filed Chapter 7, including the car loan. In Sept.2000 I received a subpoena from this company.With their lawyer, I made arrangements to pay $50 monthly. I had done so till May 2002.I wrote a letter to lawyer explaining that my husband lost his job in Feb.2002.I have continued to send him $20-$30 monthly whatever I can. My husband is still not working and a Process Server just tried to shove a summons at him through our front door. I was not at the door. He threw it down outside on our porch and left. What can I do now? I'm afraid to go out. Please Help me. What now?
Thank you so much for this site and your time,
Elena Cobb
1 Answer from Attorneys
Re: Voluntary Repo
There is good news and bad news. First, service is good. It does not matter if the paper made it through the door service is good. You will probably find it laying outside somewhere. IF your husband took a bcy, then they cannot collect against him. IF it was a joint bcy then they cannot collect against you either. If it was a single bcy, then why was it. Perhaps you should do a ch7 yourself?