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Old 01-22-2009, 06:53 PM
anglin_az
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Default Auto Collection Summons

I would appreciate any information for my situation as follows.

On July 19, 2003 I entered into an agreement with a motorcycle retailer to purchase a motorcycle in the amount of 10,015.00.

Unfortunately the motorcyle was repossessed in Feb. of 2005. Immediately after the repossession, I received a letter
from the lender: "Arizona Notice of Intent to Dispose of Repossessed vehicle". In this letter in showed "THE TOTAL
REQUIRED TO REDEEM THE VEHICLE AS OF THE DATE OF THIS NOTICE: $34,691.54.

I was going to borrow the money from my dad to pay the vehicle off but the representatives from the lender where adament that the amount I owed
was $34,691.54 and would not settle for anything less.

This letter was broken down as follows:
Unpaid Contract Balance: $31,985.15
Late Charge: $0.00
Repossession Charge: $307.50
Other Charges (Sales Tax): $2,398.00
Attorney's Fee's: $0.00
"THE TOTAL
REQUIRED TO REDEEM THE VEHICLE AS OF THE DATE OF THIS NOTICE: $34,691.54




I was not going to pay for $34,691.54 for a $10,000 motorcycle, it seemed like a scam. After round and round of arguing with them there was nothing I could do
except let them sell the vehicle.

Today I recieved a summons from an attorney for this same matter. They are asking for $3,993.38 plus attorney's fee's of $1,329.80.

Had the lender not screwed up with the amount in the letter of intent to dispose, I would not be in this predicament now.

There are exhibits attached to the summons:

1. The contract I signed to purchase the vehicle
2. Arizona Notice of Intent to Dispose of Repossessed vehicle

Exhibit 2 shows exactly what I was disputing with the lender and the incorrect dollar amount.

Do I have any remedy in this matter?

You response is appreciated.

Regards,
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  #2  
Old 01-25-2009, 06:36 AM
moderator moderator is offline
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Join Date: Sep 2006
Posts: 15,249
Default

Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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