In 2006 I did a voluntary reposession on a vehicle I had just purchased in Dec, 2005. I defaulted on the loan due to my live in b/f skipping town. He took cash advances on my credit cards (I couldn't dispute them because he had cards issued in his name) and the loss of my income meant that I couldn't afford the payments. I also had just purchased a house a year prior.
It took them over a month to come and get the vehicle after I contacted them. (Wachovia Dealer Services or "WFS Financial)
They finally came to get it after many harassing phone calls on their part. I set up a payment agreement with them in August 2006, I agreed to pay them $135 a month. They told me that in a year they "hardship agreement" would be re-evaluated. I made the last payment in August 2007. I had never heard anything from them, and I really was struggling with my bills.
I think I have gotten one notice from them in the last year. Until yesterday when I got served a summons by the Sheriff's office.
The Summons says that I have 20 days to file a "written defense" (me or an atty on my behalf). I just would like to know if it's best for me to try to get an atty, or where and how I file the forms myself if I don't really need one.
The amount of the debt is over $23,000. I bought another used vehicle in April of this year because I started working a part time job. My mortgage payment is over $1000 mo. After my ex left I was thrown into a financial tail spin. My credit cards are all maxed out now, and I can only make the minimum payments on them as it is.I also have begun the process to get gastric bypass surgery for health reasons. If my wages are significantly garnished I will for sure not be able to afford to pay my credit card payments, and I risk losing my house as well. I am working 70-80 hours a week now, I really don't see any way to increase my income any more.
I also wanted to know if, as a creditor, do they have any type of responsibility to give credit to people who can afford the payments. During the period when I was trying to get them to come and get the vehicle I was asked by several of the people I talked to if I had lied on my credit application about the amount of my income. I did NOT lie. Between the car dealer and the loan company they just didn't care. I realize I was not forced to sign the loan. I realize I am responsible for my debt. I just don't feel that it's fair for me to bear the full load of responsiblity here. Is there any recourse for me here as a consumer that may not have been treated fairly?