Auto Loans Civil Summons

[brad1982]

Last year I fell behind on my auto loan with Santander Consumer due to unemployment. I received the paperwork from a debt collector/law firm and after starting my new job in December I spoke with Santander's Replevin Dept. and made an arrangement where I paid $1200 that month plus my regular payment amount of $414.09 which would still leave me 2 payments behind but according to the representative so long as I paid the payment every month I'd be fine.
A month ago I received legal papers via mail again and contacted Santander to see why this was happening again with a DIFFERENT law firm and the lady said that I was supposed to pay two payments per month according to our arrangement and that it was just computerized collection anyways so long as I kept paying my payment every month there would be no further action taken.
Today, I was woke up to a pounding on the door which was the local sheriff's dept serving me with a civil summons to pay the loan in full or relinquish the vehicle. I immediately called Santander and they said there's nothing they can do even though I've not missed a payment in almost a year.
This is beyond reasoning to me if I could pay it, I would of course but I have no options that I see but to file a response and show my payment history to the judge. Any advice you guys might have for me?

 

[army judge]

You can file a BK.
It won't stop the repo, but it'll delay it buying you time to perhaps resolve the problem.
Otherwise, your option in replevin, is if allowed to bring your payments current.
Replevin is more about returning the property to one asserting not title alone, but very often a mere lawful possessory interest in the property.

Many times the plaintiff in a replevin action has no interest in payments being made current. Most plaintiffs simply want their stuff and everyone go their separate way.





http://legal-dictionary.thefreedictionary.com/replevin