Being Sued on an UNSECURED note PLEASE HELP!?
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It's actually my fiance that is being sued... he bought a jet ski in 2002, and they sent him the title even though it was on a loan. Which makes it unsecure right???
He stopped paying on it in 2003 when he sold it and they sold the collection to a collection agency that will not accept payments anyhow. Question is... Has the statute of limitations exceeded? And how can we stop or at least delay this a few months!!!
Being Sued on an UNSECURED note PLEASE HELP!?The finance old finance company is probably yamaha or kawasaki and the collection agencies that they use are ruthless. Your fiance's first mistake was not paying off the loan when he sold the ski.
All that aside you need to go to court about the ski and ask for a continuance and ask the judge for the plaintiff to show proof of the debt for you. IE the original contract with the terms on it.
They have 30 days to show proof or else its null and void. You said that they sent you the title so they won't have the contract and you may be able to walk on this one. However if they can prove that you sold it and did not pay off the loan your sweetheart my be charged with fraud and have criminal charges pending.
I had a client in the late 90's that did the same thing with a boat and he was charged with fraud and was not allowed to use any banking institutions for 1 year and some pretty extensive probation.
Best at this time to hire your own attorney to help you fight this. After all a corporation hired one to sue you right. Give yourself the best odds and get a lawyer if you cannot come to terms with them directly.
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