Legal Question in Credit and Debt Law in Washington

Help! I am being sued and I don't know what to do.

I got served yesterday, Saturday June 23. It seems me and my husband John Doe--name removed--are being sued for a car I bought when I was 18. One of the problems is that I am unmarried, and have never been married. Regardless, I have to reply within 20 days and I don't know what to do. It says they are suing me and my husband as husband and wife and our marital community. Can they do that, if there is no marital community?

Anyway, the situation with the car arose when after 2 weeks of owning it, the engine blew. I was advised by the car lot that if I kept paying on it, I would build some type of equity, and we could trade it for a car that would run. Well, after paying on it the suggested 6 months, I went back to the car lot, and they said I didn't have enough- and they wouldn't be able to trade it because it was not running! They didn't tell me that in the first place.

So I decided to call the finance company and see what we could do. They told me that I could only do a voluntary repossession. They said it would show on my credit report. I said to do it- and that was the last I heard of it until now.

This was back in May of 2002.

Anyone have any advise on how to fight this? I can't afford for them to do this now-


Asked on 6/24/07, 5:45 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Help! I am being sued and I don't know what to do.

They are merely addressing all potentialities by serving you and presuming that you are married. If you are not married, then no harm no foul, and it does not invalidate the service.

Your story proves my first rule of litigation: NEVER take legal advice from persons who are not lawyers. You did not think about this, but the dealers' advice was very self-serving.

"Oh", They said, "It doesn't work? Well, keep paying us anyway." NO. You proceeded in good faith, and they set you up to fail, and you didn't know any better.

Now, you are going to be sued and they will win a judgment. If you argue, the judgment will be even bigger.

Have you ever thought about taking a bankruptcy? Now would be a good time.

Sorry I can't be more optimistic, and another attorney may well have a different opinion, but that's my take. Hope that helps -

Elizabeth Powell

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Answered on 6/24/07, 8:12 pm


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