Notice to consumer or Employee

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lakergirl

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Almost six years ago I financed a car through Ford Motor Credit. I never should have received the loan (they called it a "no peek" loan) but I had a friend who got it for me. Less than a year later, after many late payments, I finally called Ford and told them to come get the car because I could not afford the payments anymore (I had lost a very good job and was out of work for some time). They came for it and in subsequent months made attempts to collect the balance. I have never paid the outstanding debt because I continue to just barely get by now.
In this last year I contacted the attorneys office holding the paperwork to see what exactly I owed and determined that I would not be able to pay the almost $10,000 they were asking for. I wish I could pay it. They said that I had a judgement on my credit file, but there is no report of a judgement in my file anywhere. Why? I have not had a job in over a year, my husband supports us on his job.

Also, About seven months ago, I formed a corporation with my sister. We are trying to get an internet business going. We are still not up but hoping for this year some time. We are each owners at 45%, with a private investor at 10%.
My question is about a summons I received today. It is a Notice to Consumer or Employee. It states that I am supposed to "produce any account records or applications which indicate my current address, phone number or place of employment as well as copies of checks or payments from the last or the next thirty days."
I am supposed to appear in court on this matter on Feb. 16, 2006. What exactly is going to happen at this hearing and what can I do to prepare for it? What are the repercussions for our business which has not even sold one item yet? Why has this not shown up on my credit file? What are my rights, if any?

Lakergirl
 
Ouch, now I see the "facts" that I was looking for in the other thread you posted about this same situation. Well, your sister could form the corporation as an LLC, which provides limited liability in the event it's officers are sued, personally or through corporate functionality, as long as none of the members (you, your sister or the investor) never co-mingle the funds of the company or commit any other type of fraudulent activities at to put the LLC at stake. If your sister hasn't established a corporation with the State or obtained an FEIN, then Ford Motor Credit probably wouldn't have any knowledge of this company that you and your sister formed, nor any proof as to whether you have a legally financial stake in the company.

As to your hearing in the Ford case, you could dispute the difference of the $10K, however, time is running out to conduct discovery, so you would have to challenge the court as to proof of how much Ford sold the car for, how much it incurred in expenses, etc., and how much it actually incurred in "total damages" as a result of your breach of the contract. This could lower the Judgment against you, however, it might be in your best interest to file for bankruptcy BEFORE your scheduled court date in the Ford case. Otherwise, if Ford obtains a Judgment against you (which I feel it will, due to the circumstances), then it could place a lien on any property you own and garnish your bank account, savings account and any other accounts which aren't otherwise protected (401K, etc.), including your wages. If you currently don't have a job, once you get one, and Ford finds out this info., then they can garnish those as well after it obtains a Judgment against you.
 
Oh, I forgot to mention another alternative. If you don't want to file for bankruptcy, and are willing to compromise with Ford BEFORE the hearing in this case, you can contact its attorney directly, negotiate a total settlement (I would challenge the $10K at that time and request a lower settlement), and work out a monthly payment plan, then enter into a settlement agreement to pay Ford accordingly. If you do this BEFORE the court date, then the attorney must request that the hearing/trial be cancelled, and you won't have any obligation to appear.
 
s corporation

We have already formed the s corporation. do i need to be taken off as an owner or is it too late? Do I have to furnish my bank account and roth ira information? Is there anything they can really do with regard to the business since it is not even up and running yet as far as seizing the account funds? If I file for BK, am I still liable for the monies owed to Ford?
Thanks for your time.
Lakergirl
 
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