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Served with court papers .. ops correction.


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Posted by mm (129.33.49.201) on July 25, 2002 at 11:27:42:

A sheriff came to my house and served court papers. He also handed me court papers for my husband who was not home at that time. Was that correct for the officer to do?. I did not sign anything either.

To make a long story short. We bought a 84 300zx Nissan back in 5/98 from a buy here pay here dealer. It didn't past inspection so we took it back to the dealership and told them that we wanted our money back if it didn't past inspection. The dealer poured some type of liquid in the tank and husband was told to go for a long drive, then get it inspected ..which it past. Anyway, we were making good payments. Unfortunately, my husband got in an accident, and the car didn't have full coverage, is not drive-able at this time. My husband contacted the dealer to try and make lower payments for a few months, to resume it again, but was told the contract was sold to Northwest Financial because of good credit. I think we made some good payments to Northern Financial at the beginning, but cannot recall the amount of the smaller payments we started making or for how long, but I remember that they called us every day, several times a day, stating that the payments where unacceptable, I had caller id. On 11/98, I sent Northern Financial a register mail that had to be signed too. I asked not to be contacted at work nor at home. I also explained that my husband had called them and tried several times for smaller payment arrangement but was told it was unacceptable, and that they will reposes the car if we don't make full payments. I told them that if they reposes the car then we no longer owe the bill, since they didn't want to work with us. We told them that we do want to pay but were unable to make the regular payments at this time, and to please let me know what can be worked out. The reason why we didn't return their calls was because every time my husband called them, he got yell at, called names and told that they will sue us if we don't pay it according to the contract. Well, we never heard from Northern Financial, nor the Nissan repo. We had to moved from Memphis in the beginning of 99 to Georgia and was unable to find any paper work to write back to, since it was packed away.

I do not see in one of the credit report a charge-off. What if the other credit report shows charged-off. Is their anything that can be done? OK, now what can we do? Is it save to contact the lawyer or the dealer via register mail to work some kind of payment arrangement instead of going to court?. We go to court the second week of August, in Memphis. Someone I know mentioned that our wages can end up being garnished or we can end up in jail. I don't have money to pay this debt off. I am worried, please anyone, advice will be appreciated.


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