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Court date for repossessed truck

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Barrelrnr

Junior Member
What is the name of your state?What is the name of your state? Florida

I received a notice to appear in court for a deposition on March 4th in relation to a truck that was repossessed 2 years ago. I paid on the truck for 2 years-but when my husband left me-I was stuck with 2 vehicles in my name. after failed attempts to get the truck refinanced (my loving hubby was 2 months late on it and I did not know it) or sold-I had to let it go back. I could only afford one payment, so I kept the vehicle with the lesser payment. Anyway, I received a letter saying the truck was sold at auction and I now owed $6000. I have not paid it to date. I work-make about 29-30K, am single and live alone. I have a truck now that my (now x)fiance bought. his name is the main one, mine shows as co-signer. I drive this vehicle (he is letting me pay the payments and drive it for about 6 months until I can buy one of my own). I own my mobile home, am paying on the land, and I dont currently have any vehicles registered to me. I have never been to court and want to know what to expect , both from the deposition and I also want to know what measures they can take to collect from me as far as garnishing wages, my home, etc.
 


Debt Guy

Senior Member
Your post is a little unclear exactly what has happened.

If you have received a summons it most likely means the creditor is seeking a judgment. Generally, a judgment would give them the power to garnish your wages, garnish your bank account and place a lien on any property you own.

If you do not respond to the summons and appear in court, the creditor will be granted a judgment by default.

You used the term "notice to appear in court for a deposition". Generally, courts do not conduct depositions. If the creditor already has a judgment, then you are most likely being required to attend an asset hearing. The asset hearing is a procedure where the attorney for the creditor is permitted to ask you questions about what you own and what cash you have. You may also be required to bring records with you to support your statements.

If you fail to appear for an asset hearing, you are subject to issuance of a bench warrant and a fine for failing to appear. It is possible you could be arrested for failing to appear.

You need to read the document very carefully so that you know exactly what you have.

In either case, you should not ignore the summons. Only bad things can result from ignoring it.
 

Barrelrnr

Junior Member
I did read it-but I dont have it in front of me right now. It does request that I bring in bank statements, w-2, bank statements. I own my mobile home (it is 10 yrs old) but I have a mortgage on the land. I do not have any vehicles-except the one that I am co-signor on-but since I am no longer engaged to this person-I intend to return it to him. since I live alone and have no other income, I just want to know how much (percent? ) they can garnish and can they do anything with my home? I have no intention of ignoring the summons-I cant pay any bills from jail. :eek:
 

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