Legal : Court and unpaid title loans

NiaR

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I have a character who defaulted on a loan from a title loan- type business. The over due loan has gone to the point of collections and she has been issued a notice to come to court.
What would be the worst possible consequences of an unpaid title loan, other than check garnishment?
And what would likely happen in a court case like this?

ANY advice would be appreciated.
 

jclarkdawe

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State matters here and the differences in how the state's statutes are written will have a major impact. I'd contact Legal Assistance for whatever state I was writing in and ask them.

Best of luck,

Jim Clark-Dawe
 

Collectonian

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As in a car title loan? After a set length of time, the title loan company can and will have the car repossessed. They can sell the car at which point, depending on the state, the debt is considered settled even if the car sells for less than owed. As Jim notes, check the statutes for the state the story is set in for the specifics.
 

PinkAmy

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If it's a car loan, she won't be called to court. They will come put a boot on the car (some kind of lock on the tire so the car can't be moved) or the car will simply be towed away.
 

shaldna

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It depends on how much it is for, here it's not worth taking anyone to court on any sum less than about 300 quid becuse even if you win you'll loose out financially in costs.

But the car would most certainly be reclaimed.
 

MurderOfCrows

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Debt collector here. We collect cross the western states, for keep that in mind:

What we'd do is get the loan in office. We'd contact her. We'd get her information and determine if she is working - if she's not working, we're not going to sue as we won't have anything to garnish. If she has a spouse, we'll sue and in community property states, we'll garnish the spouses wages. If she's not, it depensd on the state -- in some states we can do a 'personal property excution', wherein the constable comes to your hoe, assesses your values, gives you teh oppourtunity to set up payments with him and his office (and many do) or he just hauls off your stuff to auction and uses that to pay your bills and his fees.

In some states, if she doesn't cooperate, she will be sent a supplemental order, which demands she come to court and reveal a list of her assets, and they can figure out how to collect it via the court from there.