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Being sued

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A

Annoyed

Guest
Hello,

Last June I bought a car from a local dealer for people with bad credit/repos. For my down payment I was to make two payments of $1500 a month apart. At the time I saw no problem in making these two payments because I was going to sell the car I was driving (which was old and paid for). My father was to sell the car for me and I didn't question it at all he sold the car and to my surprise took most of the money and said he had bills to pay. I was left with $800 not enough to cover my coming payments.

To shorten the story I could not pay on time. I had the dealer call me and I told him very clearly. That I would have to sell some stock money that I had but it would take 3 weeks to get the money. He said it was fine.

He was to call me back with all the specifics and send me something to sign. He never called me back. Being an idiot I didn't call or follow up. So, what happened next I can blame myself.

He sued me! Claiming I refused to pay! I never said that. To top it off I had moved and changed jobs since dealing with him. I didn't find out about the lawsuit until 2 weeks ago. My court date was in April and I was found guilty and told to pay in 30 days that was 2 weeks ago. What can I do? I will happily pay but I want to tell my side of the story. Can I request a new court date at this point?

Thanks,

Annoyed
 


JETX

Senior Member
First, you didn't read the red print at the top of the page (WHAT STATE?), so you can't get an absolute answer.

But, in most states, if you were not properly served with the complaint, and a default judgment was issued without your service (or opportunity to respond), you can petition the court for a new trial.

------------------
Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!
 
A

Annoyed

Guest
Hello,

Cupertino, California.

Thanks,
Rameena

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Halket:
First, you didn't read the red print at the top of the page (WHAT STATE?), so you can't get an absolute answer.

But, in most states, if you were not properly served with the complaint, and a default judgment was issued without your service (or opportunity to respond), you can petition the court for a new trial.

<HR></BLOCKQUOTE>

 

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