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  #1  
Old 02-05-2006, 02:37 AM
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going to court

Maryland and West Virginia

My mother and I had a car loan together. I live in WV She lives in MD where the loan and car were purchased. She went bankrupt 3 years ago, and did not include this loan on the bankruptcy. Well the loan was in default and they reposed the car. Now they are taking her to court in MD and I have a certified letter waiting at the post office for me from the banks lawyer. My mother and I also had another car loan together and I recently finished paying the loan off. I live in WV and she lives in MD and the car is registered in both mine and my mothers name in WV. If they win a judgment against her can they seize my other car? The debt is 4000 dollars I would be willing to put 900 down and maybe pay a payment of 200 per month. Should I contact the banks lawyer with this offer? Should I avoided the certified letter from the lawyers office? What is the best solution? I'm willing to make arrangements with the creditor. But I would also like to keep my personal assets. Should I consider putting the car in my wifes name? Any help would be appreciated
Last edited by jivepepper; 02-05-2006 at 03:57 AM.
  #2  
Old 02-05-2006, 09:04 AM
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Quote:
Originally Posted by jivepepper
Maryland and West Virginia

My mother and I had a car loan together. I live in WV She lives in MD where the loan and car were purchased. She went bankrupt 3 years ago, and did not include this loan on the bankruptcy. Well the loan was in default and they reposed the car. Now they are taking her to court in MD and I have a certified letter waiting at the post office for me from the banks lawyer. My mother and I also had another car loan together and I recently finished paying the loan off. I live in WV and she lives in MD and the car is registered in both mine and my mothers name in WV. If they win a judgment against her can they seize my other car? The debt is 4000 dollars I would be willing to put 900 down and maybe pay a payment of 200 per month. Should I contact the banks lawyer with this offer? Should I avoided the certified letter from the lawyers office? What is the best solution? I'm willing to make arrangements with the creditor. But I would also like to keep my personal assets. Should I consider putting the car in my wifes name? Any help would be appreciated

If they get a judgment against you then they can collect on your assets; putting the car in your wife's name at this stage is fraud.

By all means try to negotiate with them.
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  #3  
Old 02-05-2006, 09:22 AM
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Avoiding the certified letter would be pointless, it will stop nothing. If you are jointly named on the lawsuit you NEED to know that !

They can't take your other car, its paid for and its unlikely that they'd bother with putting a lien on it or siezing it because cars de-value so rapidly. Even so, there are exemptions that you can file that will protect some or all of your assets.
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  #4  
Old 02-05-2006, 12:19 PM
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Quote:
Originally Posted by Ladynred
Avoiding the certified letter would be pointless, it will stop nothing. If you are jointly named on the lawsuit you NEED to know that !

They can't take your other car, its paid for and its unlikely that they'd bother with putting a lien on it or siezing it because cars de-value so rapidly. Even so, there are exemptions that you can file that will protect some or all of your assets.
The car is in mine and my mothers name? My mother is the only name on the on the summons . The case is being heard in Maryland where my mother resides, The car is registered in WV where I live. The car is worth about 7k and i have another worth about 1.5k. I'm also in the middle of SSI negoiations. I'm married with 3 children and my wife has the only income in our home. I'm picking up the letter from the lawyer tomorrow. I'll try to set up some kind of payment plan. I'm so upset I can not hardly eat or sleep
Last edited by jivepepper; 02-05-2006 at 01:10 PM.
  #5  
Old 02-05-2006, 01:45 PM
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If they get a judgment against your mother and you pay them, then they will be getting DOUBLE payments, unless YOUR payment agreement can stop the lawsuit - which may or may not work.
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"Knowledge is Power - use it as you see fit !

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  #6  
Old 02-05-2006, 02:46 PM
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Quote:
Originally Posted by Ladynred
If they get a judgment against your mother and you pay them, then they will be getting DOUBLE payments, unless YOUR payment agreement can stop the lawsuit - which may or may not work.
I more or less was going to negotiate in her behalf and give her the money to pay them? Is a thousand a good offer for a down payment with a monthly a payment schedule after that? I'll get it in writing. Also how do I file for exemptions? Thanks for the help and info.
Last edited by jivepepper; 02-05-2006 at 02:55 PM. Reason: terrible typing
  #7  
Old 02-05-2006, 07:36 PM
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TTT does anyone know how to claim the exemptions
  #8  
Old 02-05-2006, 09:38 PM
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Call the court clerk and ask if they have a form for claiming exemptions.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #9  
Old 02-05-2006, 10:17 PM
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Thanks. I'm just going to pay it. Is a Supercharged tricked out 2000 Mustang GT excempt? I found out that I already have a judgement for $4538.00. It was 2 years ago at 6%. So I think the new court date is to figure out my assets. If I have The money at the court hearing can I settle right there?
  #10  
Old 02-06-2006, 09:43 AM
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Quote:
Originally Posted by jivepepper
Thanks. I'm just going to pay it. Is a Supercharged tricked out 2000 Mustang GT excempt? I found out that I already have a judgement for $4538.00. It was 2 years ago at 6%. So I think the new court date is to figure out my assets. If I have The money at the court hearing can I settle right there?
Sell the car and pay your bills.
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  #11  
Old 02-06-2006, 07:45 PM
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Quote:
Originally Posted by seniorjudge
Sell the car and pay your bills.
No!!! I will not sale my f'ing car you ahole. I have the money and i will pay the bill. Again I don't know you and I already know I don't like you.
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