Legal Question in Credit and Debt Law in Tennessee

Car loan company collection

I had an automobile accident and my insurance company totaled my car. I wrote to the loan company explain how they harrassed me etc..., therefore I would only communicate my mail. After being in California for 3 months and finding out that I had a 13,000 balance left after the insurance company paid its part, the creditor sent my case to an attorney. I tried for two or three months to discuss this matter; but, several customer service agents said the decision would be someone I could not reach!!! Now, they want me to pay five thousand dollars in attorney fees plus my balance. It should be noted that I have continuously called them to inquire about a settlement agreement. They wanted me to pay almost four hundred dollar a month, which I can not afford. I wanted to make a reasonable agreement. What are my rights??


Asked on 6/16/04, 6:48 pm

1 Answer from Attorneys
Robin Gordon Gordon Law Group, PLC

Re: Car loan company collection

The loan company is under no obligation to accept any payment agreement. If no agreement is reached, the Company can file suit and you can challenge the unreasonable attorney's fees. After judgment is taken against you, you can file a slow pay motion with the Court where the judgment was taken. In the motion you show what your income and expenses are and what you can afford. The judge will then set a reasonable amount. Good luck.

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Answered on 6/17/04, 10:04 am


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