What to do about being sued over a car repossession?

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What to do about being sued over a car repossession?

My husband returned his car to the bank. The car has been auctioned off. The collection agency and he agreed that he would pay $6,000 broken into monthly payments. Afterwards, the agency changed the agreement to $10,000. He refused and now the agency is threatening to sue. Does he have to be served personally or can they send him a certified letter?

Asked on March 14, 2011 under Bankruptcy Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Each state has provisions in the law for service of pleadings  - a summons and complaint that start an action.  Generally speaking, just mailing a summons and complaint is probably not "good" service.  For example, in New York you need to "nail and mail" meaning post the summons at the residence after personal service is attempted a certain amount of time in order for it to be considered good service.  May I ask: Did he get the agreement to settle in writing?  Even an e-mail?  It would be better if he did otherwise an oral agreement to settle may be difficult to prove.  I hope that at the very least he took down names and numbers and id's to help prove the agreement.  Good luck to you. 


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