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    Collection Lawsuits: Re: Sued for Deficiency Following Repossession

    In addition to unanswered questions in my post from 1-12-2014, I want to know if pointing out the 2 VA laws :


    § 8.9A-620. Acceptance of collateral in full or partial satisfaction of obligation;...
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    Collection Lawsuits: Re: Sued for Deficiency Following Repossession

    As an aside, before I discovered these forums, I had actually tried to contact a lawyer to get certain questions answered, obtain general info, etc. My searching proved to not help at all, the only...
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    Collection Lawsuits: Re: Sued for Deficiency Following Repossession

    Your info is so helpful, and I do like your answer. It's honest and informative and not like the typical, you're screwed, strap yourself in and wait for the garnishments to begin responses.
    ...
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    Collection Lawsuits: Re: Sued for Deficiency Following Repossession

    Thanks for your reply Publiuslocal.

    I want to clarify, that because the bank has my address including my apt. number, I mean how else would the lawyers have it right? That because all of the...
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    Collection Lawsuits: Re: Sued for Deficiency Following Repossession

    So I received my Bills of Particulars in the mail. There was nothing enclosed stating they sent me something about where the car will be sold. There was something contained showing after it sold...
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    Collection Lawsuits: Re: Being Sued for a Loan That I Was Willing to Pay for Way Before It Got to This Poi

    I've already heard about certificate of mailing being the proof the court can accept, but thanks for your reply.

    In addition to some other unanswered questions from my post above which I've tried...
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    Collection Lawsuits: Re: Being Sued for a Loan That I Was Willing to Pay for Way Before It Got to This Poi

    I followed pubiuslocal's instructions to a T, and now I have a new court date in March.



    I have a few questions, if pubiuslocal has more info to provide, or others, it would be greatly...
  8. Defenses: Is Improper Repossession an Counterclaim or an Affirmative Defense

    My question involves collection proceedings in the State of Virginia:

    I have tried searching the internet and to no avail.

    In the General District Court of Virginia in Newport News, I'm trying...
  9. Bankruptcy Issues: Re: Bankruptcy

    Since finding out I am not legally binded in any way to pay for my wife's student loans, and any payments I was making was out of pure kindness (in a nutsehll), me filing for bankruptcy would be...
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    Collection Lawsuits: Re: Being Sued for a Loan That I Was Willing to Pay for Way Before It Got to This Poi

    Thanks for all of the recent helpful info, I will definitely bring up this counterargument during my initial hearing. I will also try to follow all the steps listed associated with a new hearing and...
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    Collection Lawsuits: Re: Being Sued for a Loan That I Was Willing to Pay for Way Before It Got to This Poi

    I did, only question he asked in that thread was if I got neither notice about where car was going to auction and that it had sold and if I had moved or not. I stated I got neither and I didn't move....
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    Collection Lawsuits: Re: Being Sued for a Loan That I Was Willing to Pay for Way Before It Got to This Poi

    How come Mr.knowitall was the only poster in this thread to actually give me thorough answers, including showing me possible chances that the bank made some mistakes too?

    I have been seeking...
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    Collection Lawsuits: Re: Being Sued for a Loan That I Was Willing to Pay for Way Before It Got to This Poi

    My specific questions under "Updated" are important to me and have yet to be answered fully.

    Also, court relies on "beyond a reasonable doubt" all the time. If I can present information that...
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    Collection Lawsuits: Re: Being Sued for a Loan That I Was Willing to Pay for Way Before It Got to This Poi

    Lots of different responses here. A "copy" of a signed/dated letter can be created/forged by the bank at any time, how could that prove they mailed it? A "certificate of mailing" is what exactly?...
  15. Bankruptcy Issues: Re: Bankruptcy

    What exactly do you mean by "made an effort to pay?" (she has no money, so how does 1 "try")

    An example, if somebody is homeless and has student loan debts, and let's say they've been in default...
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    Collection Lawsuits: Re: Being Sued for a Loan That I Was Willing to Pay for Way Before It Got to This Poi

    I didnt see it mentioned in that Britt case he linked, but was Nissan not able to prove they mailed something to Britt?

    edit: How does someone prove they mailed something 1st class? They no longer...
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    Collection Lawsuits: Re: Being Sued for a Loan That I Was Willing to Pay for Way Before It Got to This Poi

    Thanks for some helpful info in this last post.

    I don't have too much time, but a few questions.

    If this counter-defense is valid for my issue, which I believe it to be, will the bank have to...
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    Collection Lawsuits: Re: Being Sued for a Loan That I Was Willing to Pay for Way Before It Got to This Poi

    How do I determine if what I got from the collection agency is a "summons and complaint?" The thing I got states that I am being sued, lists the date, time, and location of the court appt. and says...
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    Collection Lawsuits: Re: Being Sued for a Loan That I Was Willing to Pay for Way Before It Got to This Poi

    If the judge rules and gives the collection agency the right to garnish my paychecks, is there an appeal time period where this time period has to elapse before they can start garnishing, or could it...
  20. Bankruptcy Issues: Re: Bankruptcy

    She can't pay, she has no income. You're also in my other thread, if I wasn't paying over $900 a month on her loans, then it wouldnt matter if I get garnished as much, but we'll keep that in its own...
  21. Bankruptcy Issues: Re: Bankruptcy

    Try to do what?
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    Collection Lawsuits: Re: Being Sued for a Loan That I Was Willing to Pay for Way Before It Got to This Poi

    I'm getting the feeling that I'm not being understood well, or my post isnt being fully read. Banks take a risk when they sign anyone to any loan, either way they make out in the end, whether it...
  23. Bankruptcy Issues: Re: Bankruptcy

    I misread 1 of the posts, I'm sorry. She has a wildly unrecognized but potentially very bad social anxiety, very hard for her work anywhere that involves her being around other people, she can get...
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    Collection Lawsuits: Re: Being Sued for a Loan That I Was Willing to Pay for Way Before It Got to This Poi

    I specifically stated in the OP that I did not let it go this far, I was waiting on the bank to tell me when the car sold at auction so I would know remaining balance, and then I would immediately...
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    Collection Lawsuits: Re: Being Sued for a Loan That I Was Willing to Pay for Way Before It Got to This Poi

    What good will it be though, if I do get garnished, then that means I cant pay rent, therefore I have nowhere to live, can't pay my current car loan, oh hey that opens the door for repossession #2 in...
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