Being sued by Car Company

[Jammin]

What is the name of your state?GA

I leased a vehicle from Ford which was returned at the end of the lease period. However I had excess mileage and as such still owed them over $1700, which I have only managed to pay $350. I lost my job and could continue payment and now I am being sued for the balance, plus attorney fees and pre-judgement interest, as well as court costs.


I contacted their lawyers and told them of my unemployment status of which they told me to just contact them as soon as I found a job. However I was later served with a summons from the State court to respond to the complaint within 30 days, which also said if I failed to do so, judgement by default would be taken against me for the relief demanded in the complaint.


I cannot afford a lawyer and did not know how to respond, so I decided to write a letter to the lawyers and to the County Clerk reinterating the fact that I am aware of the debt and is willing, but presently unable to pay. I stated that as previously agreed, I would begin settlement on the amount owed as soon as I found a job.

Then to my surprise the lawyers responded to the County Clerk with a 'copy of Plaintiff's Motion for Judgement on the Pleadings for filing' - which I am hoping can tell me what it means. It said 'also enclosed is a Final Judgement Order to be presented to the judge after 30 days have expired. The motion was asking the Court to enter judgement in its favor on the grounds that my answer (in the letter I wrote) does not state a legal defense. The lawyers' brief in support of their motion said their client is entitled to a judgement as a matter of law.

So I wondering - did I screw myself by writing that letter?

I am not sure what to do or even what is happening in this case as I am a novice. Can someone please advice me. The last page of the motion was a page where the County Clerk is to sign saying that the Plaintiff's Motion is granted and thay have the right to recover from me the balance, attorney fees, accrued interests and courts costs.

WHAT DO I DO ? Are they pro-bono lawyers who could help me? I live in Atlanta and I am utterly lost.

Thanks alot.

[I AM ALWAYS LIABLE]

Originally Posted by Jammin

What is the name of your state?GA

I leased a vehicle from Ford which was returned at the end of the lease period. However I had excess mileage and as such still owed them over $1700, which I have only managed to pay $350. I lost my job and could continue payment and now I am being sued for the balance, plus attorney fees and pre-judgement interest, as well as court costs.


I contacted their lawyers and told them of my unemployment status of which they told me to just contact them as soon as I found a job. However I was later served with a summons from the State court to respond to the complaint within 30 days, which also said if I failed to do so, judgement by default would be taken against me for the relief demanded in the complaint.


I cannot afford a lawyer and did not know how to respond, so I decided to write a letter to the lawyers and to the County Clerk reinterating the fact that I am aware of the debt and is willing, but presently unable to pay. I stated that as previously agreed, I would begin settlement on the amount owed as soon as I found a job.

Then to my surprise the lawyers responded to the County Clerk with a 'copy of Plaintiff's Motion for Judgement on the Pleadings for filing' - which I am hoping can tell me what it means. It said 'also enclosed is a Final Judgement Order to be presented to the judge after 30 days have expired. The motion was asking the Court to enter judgement in its favor on the grounds that my answer (in the letter I wrote) does not state a legal defense. The lawyers' brief in support of their motion said their client is entitled to a judgement as a matter of law.

So I wondering - did I screw myself by writing that letter?

I am not sure what to do or even what is happening in this case as I am a novice. Can someone please advice me. The last page of the motion was a page where the County Clerk is to sign saying that the Plaintiff's Motion is granted and thay have the right to recover from me the balance, attorney fees, accrued interests and courts costs.

WHAT DO I DO ? Are they pro-bono lawyers who could help me? I live in Atlanta and I am utterly lost.

Thanks alot.

My response:

Yes, you screwed yourself. Basically, your letter admitted the allegations of the complaint, and now Ford is entitled to a judgment without a trial. At least, that what Ford's attorneys are saying.

You made admissions against your own interests. Therefore, there's not a whole lot any attorney could do for you.

IAAL

[Jammin]

GA

To: IAAL

Is it totally lost now? I have no assets, no job, nothing for them to take - so what's the worse that can happen? I was acknowleding the debt, as I know I owe it and will have to pay it - I just need time. So what so you think I can do now to help m case?

[I AM ALWAYS LIABLE]

Originally Posted by Jammin

GA

To: IAAL

So what so you think I can do now to help m case?

My response:

Basically, because of your letter, your case is, for all intents and purposes, over. Ford will obtain a judgment against you and thereafter, will take whatever you own.

In a nutshell, and because of your letter, you put your head between your legs and kissed your ass good-bye.

IAAL

Everything has been said that you lost. Regarding what can they take? If you're not working and you have no property then at this moment nothing can be taken away from you. Depending on your state law, once your start working they may be able to garnish wages from your pay check and take away any assets that you may acquire for propose of paying off judgment against you. Basically you will pay the judgment in one way or another unless you not planning on working for the rest of your life.

[Ladynred]

They win the default judgment, as stated, you blew it. There is a proper, legal way to respond to a Summons.. your letter wasn't it. For future reference, you should start reading here on what you SHOULD have done:

[url]http://www.legalhelp.org/public/answering_complaint.php?PHPSESSID=1adb0cb38d63304cc5222c7648e5a2ed[/url]

They cannot take everything you own, as implied by IAAL. There are EXEMPTIONS from judgments that you are going to have to file to keep them from trying to take your property. The court clerk can probably give you a form for claiming you exemptions if it gets to that point.

The point of a judgment is that its valid for a LONG time - 10-20 years. If you have nothing now, they'll wait until you DO have something and they'll go after that - and they can keep coming for the duration of the judgment.

[Jammin]

Thanks for all the replies guys. I am wondering though if the motion put forth by the lawyers can be intercepted before the County Clerk grants the motion. Is there a way to stop that from happening, even you have all said I am screwed ? I am trying to prevent ruining my credit further.

And I will defintely be making use of this site in the future - that was my mistake - acting before seeking help.

I hope I will not have to seek the exemptions from the judgement, as I have absolutely no assets, money or anything for them to take - BUT - I am willing to pay the debt - as I know its owed and is my responsibility, so that is not a problem....just hope I get a J-O-B before 10-20 years (smile).

Thanks again.

[Ladynred]

No, there is no way to 'interecept' the lawyers motion for summary judgment, and the county CLERK doesn't grant it, a JUDGE grants it. Once the judge gets the motion and reads the rest of the case, he/she will, undoubtedly, find for the plaintiff against you.

If you are served with a levy or a sheriff shows up to take your stuff, you're GOING to need to file those exemptions.