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When I say truck, I mean ‘big rig’. We have been served with a summons. forms ’state breach of contract’ AND ‘writ of Possesion’. attorney suing states we haven’t made a pmt since aug 2007. when in fact we have. i sent letter months ago asking for account printout because their records were so off, I never received account printout. I contacted them again (twice by letter 3x’s by phone) They said they would get back to me. Never heard from them until I rcvd summons. Anyway to stall them? And I have legal forms for ‘answer-contract’ I hope that’s the right forms. got them from my local self help law library. I live in California. Pls help. Big rig is the only source of income we have. hubby drives truck, and I take care of our four kids!
I have to respond to the summons, then I assume they set a court date. Yes I can prove I pd since they said I have, & also have copies of letters sent
can’t afford an attorney, but my brain works well!

4 Responses

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1. 

   Wild Colonial Girl

   Can you show proof that you have indeed paid? I would
   start calling the company or their attorney and raising *hell*.

   Keep getting bumped up the ladder because you are being
   the squeaky wheel.

   Don’t be rude or abusive. Say things like “I know that you are
   not personally responsible,but you have to understand that I
   am very frustrated and right now YOU are the company for
   me.”

   August 31, 2010 at 10:00 pm
2. 

   wizjp

   I’d call the clerk’s office to see if there were some type of stay of writ that could be issued; and I’d get people on the phone untill I was happy everyone involved knew of the error

   August 31, 2010 at 10:38 pm
3. 

   tj

   IF you have proof of payments made, it’s time to call a lawyer.

   August 31, 2010 at 11:29 pm
4. 

   kitkat

   I would recommend talking to the trucking your company your husband works for. Usually the office personnel can give you great advice since this isn’t all that uncommon among trucker’s. They may also have legal counsel who can help you. And if the company is a larger company who offers the deduction and payments for your rig loan, fuel, insurance and permits from payroll they may have evidence of payments you may not have. Aside from that I would send in the answer summons stating you dispute the debt, call the suing attorney and start faxing off copies of complaints to them, the loan company, and the state offices so that you have dated proof anbd copies of all communication. If you do anything by phone write down names (first and last), dates and what was said for reference because you are going to get shuffled around a lot.

   September 1, 2010 at 12:09 am

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