Summoned to court over a car reposession

[radorix]

What is the name of your state (only U.S. law)? Missouri

I apologize if this is in the wrong section.

Probably close to two years ago I had a car repossessed while I was unemployed. I never heard anything about it again until today. I received a certified letter to appear in court "to be examined and answer concerning your property,assets and income" Is this something I need an attorney for? What do I need to bring with me? The court I have to go to is 3 hours away in Kansas. Is a phone conference possible for this? I don't really have anything outside of my job's income that they could take. I have one vehicle and if they take it then I'm screwed getting to work. I don't even know how much I still owe on it. I've never been in this kind of situation before so I don't really know what to expect.

I have quite a bit of debt from the unemployed time period that I really wonder if it would be best to just file bankruptcy and be done with it.

Thanks for any advice that can be given.

 

[Proserpina]

What is the name of your state (only U.S. law)? Missouri

I apologize if this is in the wrong section.

Probably close to two years ago I had a car repossessed while I was unemployed. I never heard anything about it again until today. I received a certified letter to appear in court "to be examined and answer concerning your property,assets and income" Is this something I need an attorney for? What do I need to bring with me? The court I have to go to is 3 hours away in Kansas. Is a phone conference possible for this? I don't really have anything outside of my job's income that they could take. I have one vehicle and if they take it then I'm screwed getting to work. I don't even know how much I still owe on it. I've never been in this kind of situation before so I don't really know what to expect.

I have quite a bit of debt from the unemployed time period that I really wonder if it would be best to just file bankruptcy and be done with it.

Thanks for any advice that can be given.

If your debt burden is not substantial, it rarely makes sense to file for bankruptcy. You can always speak with a bk attorney though; most will give a first appointment for free or low cost.

It sounds like there is already a judgment against you, and that you're being instructed to comply with a debtor's exam. It is fairly straightforward, but remember that they can't take what you don't have.

You can read more about that here: http://www.lsmo.org/library-item/how-handle-debt-problems

Standby - others will respond.

 

[latigo]

What is the name of your state (only U.S. law)? Missouri

I apologize if this is in the wrong section.

Probably close to two years ago I had a car repossessed while I was unemployed. I never heard anything about it again until today. I received a certified letter to appear in court "to be examined and answer concerning your property,assets and income" Is this something I need an attorney for? What do I need to bring with me? The court I have to go to is 3 hours away in Kansas. Is a phone conference possible for this? I don't really have anything outside of my job's income that they could take. I have one vehicle and if they take it then I'm screwed getting to work. I don't even know how much I still owe on it. I've never been in this kind of situation before so I don't really know what to expect.

I have quite a bit of debt from the unemployed time period that I really wonder if it would be best to just file bankruptcy and be done with it.

Thanks for any advice that can be given.

Well, the creditor obviously obtained a deficiency judgment after they disposed of the vehicle for less than it was worth (very common) leaving a deficit loan balance. And most likely some scumbag leach of a bill collection agency has bought the judgment and will try to wring it dry.

BUT as long as you don't venture into Kansas you can IGNORE the notice to appear in Kansas for the debtor's examination. Nothing ordered out of a Kansas court (like being cited for contempt) would have extraterritorial consequences.

However, if the judgment creditor elects to domestic the judgment in Missouri, in other words have it registered/filed/documented in Missouri as a foreign judgment, then that would be another matter. But at least you would be in your own bailiwick.

What you might do is to call the attorney for the judgment creditor, tell him your situation and agree that in lieu of a vis-à-vis you will respond to written interrogatories.

If you think you are a candidate for debtor's relief, starting making some calls. Most, if not all lawyers specializing in bankruptcy law offer an initial consultation without charge.