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Auto Loans and Repossession Creditor actions following late payment or default on motor vehicle loans.

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Old 01-23-2009, 08:13 AM
anglin_az anglin_az is offline
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Default Auto Collection Summons
My question involves an auto loan or repossession in the State of: Arizona

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.
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Old 01-23-2009, 08:26 AM
seniorjudge seniorjudge is offline
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Default Re: Auto Collection Summons
About the only thing you can do now is pay it OR hire a lawyer and fight it.
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