You are here:

Collections Law/balance owed on repossession

Advertisement

Expert: Creditwrench - 9/29/2009


Question
I live in Western Colorado.  Three years ago I filed chapter 7 bankruptcy and subsequently all my debts were discharged.  Shortly after I purchased on installment a Ford Focus as a primary vehicle for my family.  1 1/2 years later and after further personal economic setbacks, the car was repossessed by Ford Credit.  The car was sold at auction and Ford Credit sent me a bill requesting the difference of $9,000 plus.  I negotiated a settlement with them for $5,800.00 that was to be paid with $2,500.00 initially with a follow up payment of $3,300.00 in two weeks (this is all I could personally get them to agree to).  I sent the $2,500.00 which they readily accepted but I was unable to successfully acquire the final payment of $3,300.00 within the specified 2 weeks.  They then sent the account to a collection attorney (Charles B. Dannah in Denver, CO), who is demanding payment of the full $9,000.00 plus.  Could you please instruct me on how to proceed with this?  Do I have any claim for the $2,500.00 that I have already paid?  Thank you for any help on this matter.

Answer

click here to enlarge
Yes, I can help you. Yes, you can lay claim to the $2500 if you have a receipt showing you paid the money to whoever you paid it to. No receipt then you are out of luck. I can help you by teaching you how to respond to them even if they file a lawsuit against you. Call me at (405) 237-2174

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.

©2012 About.com, a part of The New York Times Company. All rights reserved.