Being sue for breach of contract

[What now?]

What is the name of your state? CA

I have a car that I stopped making payments on because of hardship. I received letters that the car would be repossesed but it never happened. Now 8 months later I've been served with papers that I'm being sued for breach of contract.

I'm not sure if I should try to return the car at this point or if I should wait until the court date, or even what to do now. Am I correct in my understanding that if I don't file paperwork within 30 days they may win the judjement by default even though the actual court date is not til October?

I surely cannot afford a lawyer that's why I'm in this mess to begin with.

What is the best way to proceed at this point? thanks.

 

[TigerD]

Why even ask? You have to be smarter than this question just to remember to breathe.

What is the best way to proceed at this point? thanks.

PAY IT!!!!!!!!!!

 

[What now?]

Gee, why didn't I think of that?

If I had the money to pay it I wouldn't be in this situation would I, smart one?

 

[TigerD]

Gee, why didn't I think of that?

If I had the money to pay it I wouldn't be in this situation would I, smart one?

You asked for the best way to proceed. That is the best way to proceed.

What you meant to ask is what is the best way to handle the coming court case.
You have limited options.
1. If they wanted the car back, they would have already repo'd it.
2. It is a valid debt so if you go to court you are going to lose.
3. If you don't go to court you are going to lose.
4. The difference is the time. If you defend the lawsuit and respond with a general denial, then the suit is delayed until the trial date. If you pay before then, no judgment will be entered against you.

If you can sell the car, that is an option on how to pay it off. Otherwise, you have to figure out how to raise the funds.

DC

 

[Johndoe01]

Hmm..... that is weird. I think that normally, they won't even bother filing the lawsuit first. They just give you a warning and in the middle of the night, they just have someone over to tow your car away, right?

 

[TigerD]

Hmm..... that is weird. I think that normally, they won't even bother filing the lawsuit first. They just give you a warning and in the middle of the night, they just have someone over to tow your car away, right?

Usually. Then they sue you for the remaining balance.

DC