Finance company is suing me

Discussion in 'Trucker Legal Advice' started by Michael H, Feb 21, 2018.

  1. Michael H

    Michael H Medium Load Member

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    I had a 2009 Volvo that was a mechanical nightmare. I ended up losing the company and the finance company repo'ed the truck. A year later, they sold the truck for only $12k and are suing me for the loan remainder.

    I had gap insurance for this - the financer required it. Shouldn't that have taken care of it? I'm too broke to hire an attorney, and definitely can't afford to lose this suit.

    Also, I signed the loan on behalf of an S-corp. shouldn't I be legally exempt from a personal lawsuit?
     
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  3. Oldironfan

    Oldironfan Road Train Member

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  4. bigdad7

    bigdad7 Road Train Member

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    Gap insurance only covers difference s in case of an accident not repo.....you either need to come to an agreement with lawyers or file bk ..
     
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  5. gokiddogo

    gokiddogo Road Train Member

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    Should have burned it or crashed it..
     
  6. Rickp

    Rickp Heavy Load Member

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    Unless you are a well established business they usually include a clause that says you personally secure the loan. If they ran your credit and not just the company's then you will be on the hook for it.
     
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  7. Scooter Jones

    Scooter Jones Road Train Member

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    I pretty much can guarantee you signed a personal guarantee on that loan.

    The gap is only 4k. Call them up and try and settle with them.
     
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  8. Oldironfan

    Oldironfan Road Train Member

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    Was this a Cummins engine?
     
  9. spyder7723

    spyder7723 Road Train Member

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    Gap insurance is to protect the lender in the case of loss from an accident. Has absolutely no bearing on a repo. You are going to lose this suit, no need to spend money you don't have on a lawyer cause you are 100% legally liable for the balance plus all fees on the truck loan. Ours reallyt no different than not paying any other legitimate bill. They are going to be awarded a judgement against you. The only way to stop that ous to negotiate a settlement out of court, but if you had the money to pay them that settled amount, you wouldn't of gotten the truck repod.

    Now that betting said, you arent the first one to have a judgement against them. Guess that saying go? Can't squeeze blood from a turnip.

    Moving forward you should be expecting your wages at your new job to start being garnished some time after the court has ruled in favor of the finance company. I'd suggest tightening the budget now so when your checks are less than you are used to it isn't a shock that sets you back even farther.
     
  10. baha

    baha Road Train Member

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    A strong S corp can save you but any co/mingle of money like paying personal bills that are in your name not co. name with co. money will sink the ship in court?
     
  11. 6wheeler

    6wheeler Road Train Member

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    www.yourlegallegup.com. a lot of good info on youtube along with other videos
     
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