Legal Question in Credit and Debt Law in Massachusetts

summons for money owed on repo car

my car was reposed in Nov. 2006 They sent me 1 letter stating what it was sold for and how much I owed. I couldn't afford what they asked, so I didn't pay it. Monday Feb. 11 I received a summons for me to answer to the complaint. I am not sure what they are looking for. I am a seperated mom of 2 children 1 of whom is disabled and we live on his SSI. I am 7 months pregnant. My husband thankfully pays all our bills but only makes $2680 a month himself. We own no property our car is worth 3,000 and we have no savings or CDs or 401k. Needless to say we are tight right now which is why we are not able to pay this bill. What can they do to us? Can they put us in jail because we can't pay the full amount? I am worried sick. We live in Massachusetts. Thanks


Asked on 2/14/08, 11:33 am

3 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: summons for money owed on repo car

Contact your local legal aid office or bar association whose numbers can be found in your telephone book yellow pages or on line to see if you qualify for an attorney to answer what has been served upon you and perhaps to determine if you have defenses to the repossesion that may still be available.

If your only income is child support and SSI both are exempt from levy on any execution obtained but you should get personal legal advise from an attorney representing you to whom you can reveal your full financial circumstances. Good Luck!

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Answered on 2/15/08, 2:03 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: summons for money owed on repo car

I would need more information before providing you with any specific legal advice.

But generally: make sure that you answer the complaint and/or appear in court, as required. Ignoring it will only make things worse.

If what they sent you was a civil complaint, you may want to contact them and see if they will settle and dismiss the case against you for 50% or 60% of what you owe - - which saves you both money and the headache of a trial.

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Answered on 2/14/08, 12:28 pm
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: summons for money owed on repo car

Assuming the creditor obtains a judgment against you for the "deficiency" owed, you may be judgment proof ( meaning you have no non exempt assets which the creditor can seize to satisfy the judgment). Also, the creditor may be barred from pursuing a deficiency judgment against you if the difference between the value of the car and the amount of the loan is less than $2000. Please feel free to contact my office for a free initial consult based on the facts of your specific situation.

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Answered on 2/15/08, 11:27 pm


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