Expert: Creditwrench - 5/26/2008

Question
I presently live in Tulsa, Oklahoma. For most of my life I've suffered emotional problems even though I've never been officially diagnosed with a disorder until much later in life. I have, however, recently talked with a therapist at a free mental clinic who said that it would require a more intensive look, but that I most likely suffer from bipolar disorder; a sign of which I make irrational, impulsive decisions.

Brings me to the legal question. On December of 2006 I, out of no where, bought a car. My purpose for being there was simply out of boredom and because they were very close and i wanted to look. I live at home with my parents, I was 21/22 at the time, and thought it'd be nice to have my own vehicle. I got drawn into a car and ended up buying one the same day. I was actually surprised I was accepted for financing because I had no real credit and I've never in my life held a job longer than 6 months. The financing manager I was working with had told me to go ahead and lie about the length of time I spent at the present employer because anything under 2 years, he said, would mean I'd have to list another employer.

Somehow, I was approved and the same day left with the car. After a week or so, I tried giving the car back, having major regrets because I knew I could not afford it, they refused saying they'd sue for costs. I was beyond the Lemon Law (I was unaware of) and found myself stuck with a vehicle I shouldn't of gotten or been financed for anyway.

Just a few months alter, in February of 2007, I was fired from my job. We fought all the time and I was let go. Just a month or two later the car was willfully repossessed. It wouldn't be until 6 months later that I'd get a call from the bank that financed me, First Fidelity, telling me I owed over $3300.00, the difference from the price it sold at auction plus interest. I told them I had no job, had trouble keeping one, and couldn't afford it. They said they were willing to make a payment plan, but I had to call back later. I called twice, left voice messages with a man working there, and heard nothing back. No letters, no calls, nothing.

Now, I received a summons. I'm being sued for the amount of the car plus accrued interest and, of course, lawyer fees, etc. I have had jobs since then, but none lasting longer than 2-3 months, being fired from two and quitting one because my inability to work with the coworkers.

I was told that I might be protected as a person of unsound mind. I mean, if I lost the suit, they couldn't take anything anyway. I never work, I have no job, no money, bank account, property, house, I have nothing valuable whatsoever and nothing I could sell that could pay them off.

So, am I doomed to accrue interest for the rest of my life and fear that when and if I can find work, I'll just have to live with having my wages garnished or is there something I can do?

I do believe I was of unsound mind when I purchased the car. I have a history of being impulsive, moody, emotional, and usually very violent, which would qualify me as bipolar if I could get an official diagnosis. Should I pursue this in hopes of getting the charges dropped?

I have nothing.

Answer
First of all I would recommend that you do all you can to get on SSI if you are not already on it.

As to your summons, you do need to respond to the summons within the time limit prescribed. You also need to send the lawyer a demand for validation by certified mail, return receipt requested. Then I would at least go to the hearing and see if the judge will give you a few minutes to listen to your story and see what happens.

Bill Bauer
405-684-9297
405-227-9423

The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.

Dial-in Number: (712) 432-1601
Access code: 508548#

You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.

If you live within driving distance of Oklahoma City you can also come to our monthly meeting of the Oklahoma City Chapter of Jurisdictionary meetings. They are held on the 2nd Thursday of each month at Coit's Root Beer Stand which is located on the corner of SW 24th & Western Ave in Oklahoma City. The meetings start promptly at 7:00 P.M. and last for 2 hours. Attendees usually arrive about half an hour early so they can enjoy a good meal at Coit's Root Beer Stand. The meetings are free and open to the public and we can discuss your problems as well if you like.

We are going to start holding mock trials so that you can learn some court room procedures.