default judgment made for repo'd car after car was volentarily returned
My husband and I were buying a car from JD Byrider and had to move out of state, we asked to take car and continue making payments but where told it would be considered grand theft auto if we did. We returned the car to the JD Byrider and then moved as planned. They recorded the car as an involentary reproduction and sold it at auction, they then sued us for the remaining balance of the total price we were paying on the car. We informed them there was no way to make it cross country for the court date. They said that it was ok. They made a default judgment against us and now want me appear (still not possible) to answer questions about our non-exempt assets. Every time i countact the court about this with questions they tell me to call the plantiffs lawyers (which im not comfortable with). I am wondering if they can do this to me and if there is anything i can do about this problem. I want to know if i have any options or recourse. I live in NM now and getting to IN is impossible for me.
1 Answer from Attorneys
Re: default judgment made for repo'd car after car was volentarily returned
You do not mention any dates so no idea when this happened and so you there may be nothing you can do.
Indiana does not have a grand theft statute. Too bad you did not check this out. You had bought the car, you cannot steal a car from yourself.
You need to hire a lawyer or get comfortable calling plaintiff's attorney or learn to file motions yourself.
They really need to take the case to New Mexico for collections.