I have to go to court over a debt. What should I expect and what should I bring. I am not disputing the debt. My vehicle was repossessed by Drive Time and I owe the remaining balance on the vehicle. However, if the vehicle was resold should I owe the entire balance?
1 Answer from Attorneys
Sounds like you are disputing the debt. Yes, they need to credit what they sold the car for, but they can add back in the repo costs and costs of sale.
What you should bring to court is a lawyer. If this is General District Court, what will happen is you go to a large docket call. When your case is called, you need to make your presence known. The court will ask if you contest it. If no, or if you don't respond, the court will enter judgment against you. If you do contest it, a trial date will be set usually about 90 days out. You should ask the judge to order a Bill of Particulars, in which the plaintiff is required to state it's claim in detail. You will then need to file an Answer stating why you dispute the claim. If you don't file this on time, judgment will be entered against you. Then you come back on the trial date to try the case. The rules of evidence will apply, so if you don't have a lawyer you are at a big disadvantage.