Car repo'ed and sold, now being sued

[last hope]

What is the name of your state? Michigan

Ok, here's the story. My boyfriend fell way behind on his truck payment last winter. He managed to get caught up, but was put on the banks 'watch list'. Then, he fell a little behind, and they reposessed the vehicle.

(In response to your as-yet unvoiced comments, yes, he and I both know and accept that this was his own fault.)

The vehicle was sold at auction, four months ago. He was told not to contact the bank, they would let him know how much (if any) he still owed. Today, he was served papers at work, telling him that he owes 2200 dollars, and summoning him to court in one months time. He called the bank, hoping to get more information and possibly set up a payment plan of some sort, to avoid legal fees. He was told (in a rather rude manner) that if he did not have the full amount, court was required. He does not have that money on hand, and cannot afford to have 25-50% of his wages garnished, as this will put him behind on his other bills.

(Again in response - yes, we expected him to owe money. Yes, we know that if he goes to court, the bank will win. Yes, we know that the bank is not required to work with him on anything.)

My actual question is what he can expect if he goes to court. Will he need a lawyer? Will they automatically garnish his wages, or will they allow him to pay in increments? How much more is this thing likely to cost? And after the 2200 is paid, will they finally leave him alone?

Thanks in advance.

[Some Random Guy]

He is being taken to court so that the bank can get a judgment, a legal document saying that your boyfirend owes them $2200 plus about 8% interest per year until it is paid off (rate varies by state).

Then the bank will take the judgement try to collect on it through wage garnishments, bank account seizures and leins on his property.

As for the court process, are you sure it was just a summons to go to court, and that he does not have to file a response? Failing to file a meaningful response will just make it that much easier to get a judgment against him.

This judgment will be on his credit report for many years and will certainly affect the rates he gets for new loans and credit.

[Ladynred]

DID your BF get ANY notices of when and where the auction would take place ?
DID he receive ANY notices after the sale of how much was owed, how much the thing sold for, and have a list of additional fees (storage, towing, sale fees etc.) detailed ??

If not, they may have dropped the ball. Such notices are REQUIRED BY LAW in order for them to collect on a deficiency.