Summons served for auto reposession

[Barrelrnr]

What is the name of your state? Florida

I was served a summons yesterday from Chrysler for a Dodge truck that was voluntarily repoed in May 2001. The original loan was made in 3/99 for 29K. I made 23 payments on the truck, then I was faced with a divorce and got stuck with 2 vehicle loans in my name alone. this one for 524/mo and another one at 276/mo. I located a buyer for the second vehicle so I tried for several months to refinance the Dodge to get the payments lowered (even by $100) so that I would be able to pay it on a single income. but no one would help me-Chysler told me they would, but not until I had made half the payments. I explained my situation to them, and was told that if I knew I could not afford the monthly payment then it would be in my best interest to return the vehicle. I dropped it at the dealership in town, then almost a year later-I receive a bill saying they sold my truck for 15K and I have to pay the 7K difference in the loan. I am living pay check to pay check now-paying mortgage, another car loan and all living expenses-and cannot afford to pay for a vehicle I no longer have. Anyway-I have questions-first-The summons I received says I have 20 days to file a written response-what am I supposed to say in my response? it also mentions getting a lawyer, but I do not feel that It would do any good-I dont see anyway that I could win this and in the end-I would still have to pay. Second- what could happen if I lose? can they garnish my wages, take property, etc?

 

[JETX]

"The summons I received says I have 20 days to file a written response-what am I supposed to say in my response?"
*** Your response can be very simple.... something to the effect, "I deny the claims being made and ask that the Plaintiff prove them". However, from your post, it seems that the only real issue could be the amount that they are claiming. If the amount is correct, then you really have no 'defense'.

"what could happen if I lose?"
*** With a judgment against you, state law allows them certain actions that they can take to enforce the judgment.

"can they garnish my wages,"
*** Yes. See below.

"take property, etc?"
*** Yes. Florida exempts the following from judgment seizure. Anything NOT listed below can be levied.
"Homestead: Real property including mobile home to unlimited value. Property cannot exceed 1/2-acre in municipality or 160 contiguous acres elsewhere. Property held as tenancy by the entirety may be exempt against the debts owed by only one spouse

Pensions and Retirement Benefits: ERISA-qualified benefits. Funds exempted for various public employees' retirement systems, along with profit-sharing benefits necessary for support. IRA exemptions for conventional, Roth, SEP and SIMPLE plans.

Insurance: Annuity contract proceeds. Death benefits payable to a specific beneficiary not the deceased's estate. Disability or illness benefits. Cash surrender value of life insurance. Fraternal society benefits.

Personal Property: All prescribed health aids for debtor/dependents and $1,000 in any other personal property exempt. One motor vehicle up to $1,000.

Tools of Trade: None.

Miscellaneous: Business partnership property. Alimony. Child support. Prescribed health aids.

Wages: 100% exempt for head of household. However, head of household may sign waiver that allows garnishment of wages in excess of $500 per week. Otherwise, exempts 75% of disposable earnings per week,
or an amount = to 30 x federal minimum hourly wage, whichever is greater. Also exempt are 6 months of wages paid and deposited in a bank account.

Public Benefits: Workers' compensation. Unemployment compensation. Veteran's benefits. Crime victim's compensation. Public assistance. Social Security. Alimony, support and separate maintenance to extent reasonably necessary to support debtor and dependents.

Wild Card: None.

Oh, and one more thing.... The amount you owe now will be increased by legal fees, court costs, interest, etc. Also, the judgment is good for 7 years and can be renewed.