Default on Yamaha card

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Mystang0046

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My husband used his father's Yamaha credit card to purchase a Grizzly 660 four wheeler. From the first time he rode it, he had problems. The axles have broken three times and we've had to have the rear differential replaced twice. He's also had problems with the four wheel drive multiple times.

At some point during the many problems with this atv, he quit making the payments. I know that wasn't the right thing to do but that's what happened. Yamaha called to say they were going to repossess the Grizzly. My husband said come and get it, it's at the dealer in their shop. The very next day, they turned the account over to a collection agency. When we heard from collections, again they were told come and get it. No one has ever come to get it. We have since paid for the repairs and have it currently sitting in our basement broken again. This has gone on for several years now. No payments have been made. Calls have been answered by saying come and get it. The last call was received 3-4 months ago by my mother in law. The man indentified himself as an attorney trying to collect a debt. My mother in law told him everything that has gone on with this atv and the account. She said come and get it. He then asks her if she disputes the debt and she states yes.

Now to the most recent event. While checking the local court case inquiry web page (for reasons in regards to another matter) she sees that a civil case has been filed by Yamaha, HSBC and LVNV Funding in state court. Neither her (I don't think she was ever listed on the account) or my father in law have been served with any court papers. What should we do when the papers are served? How should we respond?

My father in law is completely disabled and is critically ill. My mother in law is also disabled. They have very little income. He has disability and retirement income. She has disability and very little self employment income. I'm sure that there will be a judgement in this case but I'm unsure of what it might be because of the circumstances. A lien on their house, a garnishment or a judgement with payment arrangements? Any thoughts from those more experience than me?
 
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A lien on their house, a garnishment or a judgement with payment arrangements?


All are possible.
 
How should we respond once the papers are served? Yamaha called us to ask where the Grizzly was in an attempt to repossess. As soon as they found out it was in the shop, it was turned over to a third party collection agency (which didn't want it either). It's been through several other agencies since this all began in July of 2005. Will it be in our favor that we told them numerous times to come and get it and they refused? Is there a statute of limitations on this type of account in Georgia?
 
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