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  1. #1
    Join Date
    Nov 2008
    Posts
    3

    Default Defenses to Debt After Repossession

    My question involves collection proceedings in the State of: Georgia

    I recieved a court summons for a car loan I defaulted on last year. I can't deny the debt but i argue the following:

    1. They did not send me a notice of intent to dispose of my personal property as GA law requires.

    2. The amount of the dept and and interest is in question. They previously asked for a different amount. And reported a lower amount on my credit report.

    Can I use these arguments in court?
    If they can't prove they sent me a notice, will i still have to pay?

  2. #2
    Join Date
    Nov 2008
    Posts
    3

    Default Re: Recieved Court Summons, Is My Defense Sufficient

    Thanks!, what about the fact that they violated GA law by not submitting the notice? Its GA Code Ann. 44-14-411.1 byt the way.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Recieved Court Summons, Is My Defense Sufficient

    How about you fill us in. What personal property did you leave in the car, and what happened to it? Did you ever try to recover it and if not, why not? Did you ever report that you had personal property in the vehicle to anyone and, if so, to whom and when?

  4. #4
    Join Date
    Nov 2008
    Posts
    3

    Default Re: Defenses to Debt After Repossession

    Mostly college books but that is besides the point I think. The law does not require me to seek my belongings or make an itimized list of the property that was siezed with the vehicle. The law requires that the creditor provides notice of the intent to dispose of the property within 10 days after it is siezed, period. The law is not contengent on my actions.

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