Collections Law/Repo Lawsuit

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Expert: Creditwrench - 12/10/2008


Question
In 2004, I co-signed for a new Toyota truck for my husband.  A few months later that same year, he and I separated leaving him with the truck (I had my own car with a payment to make).  Shortly there after, we had no further contact.  To this day, I have no idea where he lives or how to reach him.

I received a call today from an attorney who has threatened to sue me for the outstanding balance of the truck I haven't seen in 4 1/2 years now.  He's willing to settle for a portion of the remaining amount.  However, he insisted on payment right away, but I am unwilling to hand over $2,900 without first knowing my rights, and couldn't pay that kind of money at this time anyway.

Is there anything I can do to avoid having to pay for a vehicle my ex-husband had reposessed?  The lawyer stated that I was the main signer, and that my ex only owed 30% of the balance...how can that be when he kept the truck?  We did not have the truck specifically mentioned in the divorce papers...am I screwed?  

Answer

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Yes,you are screwed unless you learn how to fight back and win. If I were faced with that problem I'd refuse to pay and catch the lawyer violating federal law, take him to federal court and make him pay off the note, and pay me my court costs plus my attorney fees and damages.
Think that sounds too good to be true? Think again. My students do it quite often. Not one of them ever lost in federal court.  

Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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