civil action lawsuit after repossession

[weston hughes]

I am being sued by a lawfirm representing a collections agency that was privy to the original financing company that repossessed a motorcycle that I was unable to keep up with in regards to payment on the aforementioned bike.Over a year has passed,after plentious phone and letter harassments from the collections agency demanding payment of an amount apparently not reclaimed after the repossession and subsequent auction of the bike to a new owner,including but not limited to additional sums of money(in the form of interest,collections expenses,accumulated fees,etc.).A motion for summary judgement has been sought on the basis of "south carolina rules of civil procedure/code 56" (the hearing is scheduled for november).I need to know as much as possible about potentially what is going to transpire at this hearing,if I am to personally appear at the motion hearing,what paperwork/documents I need to bring,etc.How am I to defend myself against what I feel to be a matter that never should have found its way to the court of common pleas.(the amount of payment in dispute is under $4000).I no longer possess the property in question(the financing company repossessed it from me),and feel that I shouldn't be held responsible for any alleged money due them.Thoughts?

 

[I AM ALWAYS LIABLE]

I am being sued by a lawfirm representing a collections agency that was privy to the original financing company that repossessed a motorcycle that I was unable to keep up with in regards to payment on the aforementioned bike.Over a year has passed,after plentious phone and letter harassment from the collections agency demanding payement of an amount not reclaimed after the repossession and subsequent auction of the bike to a new owner,including but not limited to additional sums of money(in the form of interest,collections expenses,accumulated fees,etc.).A motion for summary judgement has been sought on the basis of "south carolina rules of civil procedure/code 56" in november.I need to know as much as possible about potentially what is going to transpire,if I am to appear at the motion hearing,what paperwork/documents I need to bring,etc.How am I to defend myself against what I feel to be a matter that never should have found its way to the court of common pleas.(the amount of payment in dispute is under $4000).-thanks!

My response:

You bring your magic top hat, filled with Fairy Dust, and sprinkle it all over the courtroom and everyone. That's the only way you're going to win.

Hey, Dufus - - all of this is in your contract that you signed! You're sunk.

IAAL

 

[Ladynred]

Well, whether you think its 'fair' or not, that is the way it works with repos. You default on the loan. The bank takes its property back- you STILL owe money on the loan. The bank sells the property for whatever it can get for it at auction - they have to get some of their money back. Auctions NEVER bring top dollar, so the difference between what you owed on the loan and what they sold the property for is the deficiency - and you OWE that money to the bank - and they WILL get it by suing you.

I suppose you thought that just because they took it back and sold it you were done with it, huh ? Sorry... doesn't work that way, not a thing you can do about it except pay up - or file for bankruptcy.