Legal Question in Credit and Debt Law in Maryland

Re: Car was repoed now served papers to appear in court

You can certainly attempt to negotiate with the creditor. Whether they will agree to make payment arrangements *you* consider reasonable is up to them. Ultimately, you options are pay it, make arrangements to pay it, or file for bankruptcy. If you look at bankruptcy, be sure to file *before* October 17, 2005, the date the new law goes into effect.

Re: Car was repoed now served papers to appear in court

You can certainly call the attorney who is handling the matter and attempt to settle it before the trial date. You can probably get a discount at that point or perhaps obtain a really good interest rate on payments. One of my clients recently agreed to 2%, making the monthly payments less than $150.

If you do go to Court, you likely will have trial that day. Be prepared to argue your case and to call any witnesses you need. You would be wise to consult an attorney regarding how to proceed, whether you have any viable defenses, and how to present them. Since you are a defendant, you will likely have to pay for services by the hour and most attorneys charge well in excess of $100/ hour. Some solo practitioners or less experienced attorneys are less expensive.

Unless you have overwhelming debt, I would not advise filing for bankruptcy. If you do take that route, however, do not attempt that without counsel. You are just asking for trouble if you do because many creditors are looking very closely at bankruptcy petitions and challenging those that contain any inaccuracies or provide incomplete information.

Best of luck to you.

Re: Car was repoed now served papers to appear in court

The creditor may enter negotiation and various terms can be obtained. The likelihood of the creditor accepting terms is now diminished by the mere fact that they have engaged counsel and have filed to obtain judgment. Once they obtain a judgment they will take action to execute (i.e., garnish or seize assets.)

The terms of any negotiation is based upon the skill applied during the process. Moreover, any judgment that the creditor receives will be based upon the skill applied toward your defense. In both regards you are better served by acquiring the services of an attorney.