2 replies to this topic

[Kinya18]

I received a loan of $1500 for a down payment on my car. I had been making monthly payments to the loan company until about May or June of this year. The owner called and I made arrangements to pay them $150 every month. Well i had to go out of town for a month and so i called him and said that i could not make the payment this month and he said that if i did not have the money in by the end of the month that the issue would leave his office. I said ok, he has recently called me back and said that he was going to take me to an Assest hearing and i had to have a lawyer or the judge would find me in contempt of court. when i looked up that term "Assest Hearing" i did not find anywhere that i needed a lawyer. I told him that and he said that this was 1st party not 3rd party hearing. He has also called my phone and left a message saying that i was crazy. He verbally told me that i was ignorant for researching the information that he has given me. Can someone tell me what i need to do or what he can do?

[pg1067]

I obviously have no idea what this person had or has in mind. The term "asset hearing" suggests a judgment debtor exam, which is a proceeding in which a person against whom a judgment has been entered must appear in court and give testimony regarding his/her assets and income. Of course, as you might imagine, a judgment debtor exam cannot occur until a lawsuit has been filed and a judgment entered. And, while you didn't identify your state, I'm not aware of any state in which a judgment debtor is required to have an attorney for a debtor exam.

Has this lender sued you? Has a judgment been entered against you?

Needless to say, you should pay your loan obligations as agreed (being out of town is no excuse for not making a payment). However, you probably are safe to do nothing until and unless you get served with legal paperwork.

[FindLaw_AHK]

Has a claimed been filed against you?