Category: Collections Law
Subject: VOLUNTARY CAR SURRENDER
Question: I VOLUNTARILY SURRENDERED A CAR 8 MONTHS AGO WITH AN AGREEMENT FROM THE CAR AGENT I WOULDN'T BE SUED. I WAS TOLD I NOR THE CO SIGNER WOULD OWE ANYTHING. I HAVE THIS CONVERSATION ON TAPE. I ALSO HAVE A CONTRACT THAT SAYS I'M THE OWNER AND ANOTHER CONTRACT THAT SAYS I'M COSIGNER. I RECIEVED A SUMMONS. I KNOW I HAVE 30 DAYS TO RESPOND BECAUSE IT WAS NOT DELIVERED TO ,ME PERSONALLY. I NEED TO KNOW HOW I CAN RESPOND TO THE SUMMONS ANY HELP WILL GREATLY BE APPRECIATED.
Answer: The basic concepts of how to respond to the summons is covered in an article I wrote in answer to a question on Allexperts.com
and then copied to my blog at where I could then amplify on it and make the explanation a bit more comprehensive. I suggest that you visit my web site at www.creditwrench.com
and my message board at http://consumers.creditwrench.com for even more teaching material and references. But quickly, you need to respond with a motion for more definitive statements from the plaintiff as your first move. Your tape will be very helpful and I certainly applaud you for your usage of a tape recorder when you go to purchase anything of any size or significant value. I do the same, usually putting the recorder inside my cap. I have several digital voice recorders and use them extensively. I use them to tape my Friday night conference calls too. You can join in on my Friday night conference calls which start at 7:00 P.M. central time each Friday night by dialing Dial-in Number: (605) 772-3001 and entering the access code: 508548#. The calls are free and open to the public. There is no cost or obligation to call in, listen or participate in the calls. You can also get help from me personally by calling me at 405-616-7901 and you can even do that evenings, weekends and holidays. I am usually around to answer your questions. Again, there is no charge or obligation to call me and pick my brains. But in order to get the full blown help you will need on a step-by-step one-on-one basis you will have to become an actual creditwrench student and no, that isn't free. Taping the conversation with the car agent will be most helpful in defeating the case but even with that you will still have a difficult time in your local court system. In order to win, you will need to catch their attorney in violations of the Fair Debt Collection Practices Act and sue the attorney in federal court and name the plaintiff as a co-defendant. You can do that even though you can't sue the original creditor directly using FDCPA because the original creditor is responsible for the actions of those he hires under the law of agency. Once you get them in federal court it won't make any difference that they claim you owe them money. The only question before the federal court will be whether they violated federal law or not.