I am going up against a credit company on a debt they say I owe. I voluntarily gave up a vehicle to help my wife . What do I do

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I have to file a grounds of defense because I DO NOT AGREE ON WHAT THEY SAY I OWE.

Attorney Answers

4
James Tschudy ·
Your question is a bit confusing, what does the vehicle surrender have to do with the credit card? If you are being sued, they have to prove the amount with statements and the contract. If its a credit card, you can challenge their evidence if payments have not been credited or if you were not an account holder. If this is an auto repossession deficiency, they have to have done the sale of the vehicle in a reasonable manner, but they are entitled to the difference between the total debt owed plus costs and the sale proceeds. If you were a co-signor for someone else, it makes no difference, you are equally liable. Schedule a consultation with an attorney to review the lawsuit and get more details on your situation. If the debt is significant enough and valid, you might consider BK or debt settlement.
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Roslyn Lewin ·
If the loan contract was in your name either individually or jointly you will be 100% liable for that debt. If you are unable to pay this, a bankruptcy may wipe out the entire obligation depending on your circumstances. This is called a deficiency debt and it is an unsecured debt. The amount you owe would be based on the amount owed on the contract and the sale price.
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Bruce Bain ·
I would hire a lawyer to get it cleaned up. I know thats simplistic but its your best route.
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Jason Krumbein ·
You really need to consult a lawyer. If this is a credit card, there are certain defenses. If this is a auto repossession, there are other defenses. if this is a junk debt buyer, there are yet more defenses. And none of what you described sounds like the above. The factual details are critical to being able to give advice that even comes close.
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