Legal Question in Credit and Debt Law in California
My husband is being sued for breach of contract with Hitachi Financial. He put $20,000 down and made payments for 2-1/2 years ($466.87/mo). He spent $25,000 to customize the truck and $15,000 in tools for a/c work. The economy last year killed our hopes. He has bear done any work. I work but don't even make enough for our household bills.
The server left papers on our porch after asking our son to give something to John, and he said no.
What can we do??? Help???
1 Answer from Attorneys
Well, you cannot try to evade service. If he cannot pay his obligations under the contract then he does not have a defense in court. Try to renegotiate for lower payment terms with Hitachi and explain your circumstances. If they don't agree, then it's just a matter of time before they get a judgment against you. To stop the lawsuit, bankruptcy is an option. In a Chapter 7 bankruptcy, your husband can surrender the truck back to Hitachi and won't be liable for the deficiency after discharge. You should consult with a bankruptcy attorney.
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