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  1. #1
    Join Date
    Aug 2009
    Posts
    8

    Default Received Civil Summons, What's Next

    STATE:NC
    I just received a civil summons for an auto loan I defaulted on. I voluntarily took the vehicle back to the bank, and they sent me a bill for $11000 for the difference of what I owed and what they 'supposedly' sold it for.
    I plan on responding to the summons, but I'm not sure how. The vehicle was not mine, but my boyfriends at the time, but I did sign for it (I know I was young and stupid for signing for it). My bf just up and left and stuck me with the vehicle, I haven't heard from him since. Do I agree to all of the claims they make in their summons, or do I deny them, making the bank have to prove the debt? I am willing to settle with them, however I cannot pay what they are now asking for which is $13000. I am willing to make monthly payments to them, but I'm not sure if they will accept my offer.

    I know in NC they can't garnish my wages, but can they garnish my bank account? My payroll check is direct deposited into my bank account b/c my employer will not pay any other way. I have been in tears all day b/c of this, and it's ruining my life! Please help!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Received Civil Summons, What's Next

    Your answer will admit what you concede to be true, deny what you allege to be false, and neither admit nor deny those claims to which you lack sufficient knowledge, information or belief to admit or deny. If you admit everything, you can expect the plaintiff to make short work of obtaining a verdict in its favor. Read the court rules for your state and court.

    You are free to contact the plaintiff's law firm and try to negotiate a settlement.

    Yes, if they get a verdict they can seek an order of garnishment for your bank accounts.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Received Civil Summons, What's Next

    First, you need to file a cross-claim against the ex.

    I would challenge them on their selling the car that cheap, but you need an attorney or you need to be a quick study.

    This is a major claim so you can do discovery and also make them prove everything.

    And no, you are way past the point of making monthly payments.

    They do not garnish your bank account, that is for wages. What they can do after they have a judgment is simply seize everything in your account once a month.

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