Car repo/small claims court...

My Truck was repo'ed and we worked out a payment plan over the phone for $75 a month at 0% interest on a $2,500 balance. They are still going through with a judgment on 11/06 and seeking 25% wage garnishment that they say they will not enforce if i make the payments. Should I show up to court and try to win this? Do I even have a chance? Being in the car business our checks have went down to minimum wage which lead me to giving the truck back and I have check stubs to prove that. Any advice would be helpful. Thank you, David

Define "win". In my mind, the problem is , you agreed to pay the balance. I am not sure I would have done that.

Why are they seeking a judgement? Did you fail to pay/ follow the agreement? If not, why not?

Showing up in court shows you care. Even if you don't have the money to pay it, it reflects well on you for showing up and by all means, take proof of your current financial status. And FYI---believe NOTHING they tell you. Their telling you they will not seek a judgement if you pay is nonsense. My feeilng is the only reason they are even taking you to court is because you AGREED to pay the outstanding balance.

I personally would not have agreed to do so. The result of doing so is you are in court being sued. Had you refused to pay and denied it was yours to pay since the car was repossessed, you would have ended up where you are now--being sued. But, then again, for that amount of money? Maybe not. I suspect it costs them more to send their lawyers there to collect than the amount they say you owe.

Bottom line--show up. Take proof of income. You have nothing to lose. And, if you ever do this again, DON'T agree to pay ANYTHING.

Well I got the paperwork that I was being sued before I called to make arrangements. To be honest I did not think they would come after me, especially for only $2,500. I called to make arrangements to try and avoid going to court and getting a judgement against me but there going to do it anyway. I'm also nervous about fighting it hard on Friday and them saying "screw you" and they garnish me and not uphold our deal. Your right I probably should of never offered a deal to begin with. This is a local credit union and there will be no lawyer representing them. One of there loan officers will be there at court. But I will be at court friday with my check stubs and just state my case on why I gave the truck back. Thanks for your advice, David.

So you made the agreement to pay monthly payments AFTER you were sued?? If you agreed to do so and they are saying if you DO pay, they won't sue., why haven't you paid the monthly payments? Maybe I don't understand the problem.

I thought you made arrangements to pay monthly THEN they sued.

If they sued and then agreed to payments, make the payments (although it may be too late at this point). Going to court and demonstrating financial hardship may be your best bet. Good luck.