Replevin against me!

J

Julian 1978

New Member
Jurisdiction
Illinois
Hi ,about a year ago ...a purchase from a guy who has a trucking company a semi truck with 32000....i put down 6000 down the we sign an bill of sale between me and him for this purchase mentioning that my down payment was 6000 and also including that bill of sale that i have to work for his company till i pay off that truck.
Well ,i was happy with that but right after that i found that i didnt make enough money that he promised me...so i have an arguement with him over this and i ask him to let me go with the truck to a better company that can keep me busy and making money....he totally refused and ask me to pay him 31000 to get out.....this happened after 3 months worki g for him as an owner operator.
Well i live in south florida so i went home after i deliver a load and i told him that i want to find a way yo pay off this truck or if he want me to return the truck now i ask him to reimburse me some money cause i invest within time over 12 grand including down payment ...he agree with me over the phone but next day he show up in florida claiming that truck...going to police acusing me of stealing....well i went to the departament i show them a proof that of bill of sale and a montly paymemt wich he deduct from my paycheck on may ....got to.mention that he was trying to reposed the truck while the truck was paid for that month of may.
The officer told me that i.m cover with that paper for now....but they ask where is the trailer so i told them where is located even if that trailer was paid for that month as rental from him.
Well,i have park that semi near my house behi g a shopping plaza....after few days i found out truck isnt there...so i asume the guy he reposses it....and i give up looking for a.solution to buy it ou from him.
After a year,now i found out i have a replevin case against me in illinois for that truck.....i got scare and panic and didnt know what to do....i have pulled a car fax for that truck and it show that it has 2 owners after me
Another thing have to mention ,while the truck was on payments ,registration,title,licence plate was on his company name...so i dont have any control over that truck till i paid off
I even look it was towed and i beleive that it was towed and the guy didnt want to get it back from.towing company...and now is coming after me to pay for it
As i know towing company sent certifed mails to inform the owner of the vehicle is gonna be on auction of is not gonna claim it.
I check with my local police departament if truck was stolen ....came out clean
Never run in trouble with any law...not even a speeding ticket..i.m kind of afraid that is goo a turn bad against me
A lawer sugest me that to fill for bankruptcy....dont want to do that but instead of going to jail i rather used that option
NEED AN ADVICE ASAP please!!!!
Thank u!!!
 
Bankruptcy, CHAPTER SEVEN personal bankruptcy can solve many problems, even the ones you describe.

You've already been given your help.

All you need to do is pursue it.

As long as you live in Florida or Texas, there's little need to worry about the replevin action in Illinois.
However, it'll slowly, maybe even quickly destroy your FICO.
Bankruptcy, however, is the only legal option to repairing your FICO, albeit not rapidly.
 
My main concern now cause he didnt claim or get back his property being sell on auction can turn this in to criminal action cause i refuse to return it?anyway i would like to show up in court and try to explain it,maybe it will be in my favor.
 
Julian 1978 said:
My main concern now cause he didnt claim or get back his property being sell on auction can turn this in to criminal action cause i refuse to return it?anyway i would like to show up in court and try to explain it,maybe it will be in my favor.
Click to expand...


I'd avoid court if I were you.
But, you're FREE to do whatever you think is best for you.
 
They tried to served me 3 times already...i wasnt home at that time cause most of the time i.m gonne working....but what i read ,not showing in the court ,is gonna be a default judgement against me....
I would like to buy more time as much as i can ....but not showing on the court this time i.m afraid that they will take a decision without me...thank good i can find everything online about the case so can keep tracking on it
I kindly appreciate your answers and i would like if u can to give me a little more detail what i should do....i know,i should hire a lawer but ...i.m already broke ,wife and kid at the school barely pay my bills,so i cant even think to walk in someone office wasting his time knowing that i cant afford it.
Thank u so much !!!
 
You can file a chapter seven, an injunction would issue which stops every adverse proceeding against you.

Finalizing the BK would eliminate any negative financial impact the replevin or any other lawsuit might have against you.

A BK can't hurt you, your credit is already screwed.
A BK will allow you to improve your finances, your FICO, and your life.

The Internet can't solve real problems, it can only guide you, direct you to a REAL solution.
 
I.m thinking to go show in court to fight for this case,and try to explain the judge about it... even if i loose or win,i would like to delay as much as i can with this case ,what is the best way to do and when i reach a final judgement how much time i do have to file a BK?
Like i said ,i want to delay it as much i can....
 
Julian 1978 said:
I.m thinking to go show in court to fight for this case,and try to explain the judge about it... even if i loose or win,i would like to delay as much as i can with this case ,what is the best way to do and when i reach a final judgement how much time i do have to file a BK?
Like i said ,i want to delay it as much i can....
Click to expand...

Your attempt to delay without a valid legal reason is playing with fire.

Be careful, fire is an equal opportunity destroyer.

Talk to a couple BK lawyers.

How do you think a delay will help you?
 
Hi.i have lost the lawsuit...i dont want to file bankrupcy yet....i know he will go after me freezing my accts...but my question is,if I own a s.corporation and i.m a self employed,he can freeze my bussines account too ,if the lawsuit was on personal life?
 
Julian 1978 said:
Hi.i have lost the lawsuit...i dont want to file bankrupcy yet....i know he will go after me freezing my accts...but my question is,if I own a s.corporation and i.m a self employed,he can freeze my bussines account too ,if the lawsuit was on personal life?
Click to expand...


Most anything you have can be levied against with few exceptions.
A BK could have avoided this outcome.
Continued poor choices lead to continued disaster.
 
army judge said:
Your attempt to delay without a valid legal reason is playing with fire.

Be careful, fire is an equal opportunity destroyer.

Talk to a couple BK lawyers.

How do you think a delay will help you?
Click to expand...
New Member
Hi.i have lost the lawsuit...i dont want to file bankrupcy yet....i know he will go after me freezing my accts...but my question is,if I own a s.corporation and i.m a self employed,he can freeze my bussines account too ,if the lawsuit was on personal life?
 
Julian 1978 said:
New Member
Hi.i have lost the lawsuit...i dont want to file bankrupcy yet....i know he will go after me freezing my accts...but my question is,if I own a s.corporation and i.m a self employed,he can freeze my bussines account too ,if the lawsuit was on personal life?
Click to expand...

I answered this, again, most of what you own can be levied against if he can find it.

A BK will save everything and the judgment and debt he holds against you will be wiped away by a successful BK.

See a BK lawyer tomorrow.
 
Julian 1978 said:
Thanks a lot!
Click to expand...


Once the case is filed and accepted by the court, no one can even attempt to take one penny from you.

The federal judge issues an order protecting everything you own or receive from levy or attachment until the case is resolved, which causes all debts to be cleansed away, and you'll owe no one anything.


Your lawyer will explain everything to you.
 
Julian 1978 said:
Thax a lot for advice!!! I have an appt tommorow with a lawer
Click to expand...


If you get a chance, please let me know how the meeting worked out for you.

Rest assured, you'll find that the person who sued you won't get one dollar f your hard earned money, if this is done properly.

You'll pay the lawyer about $2,500 to $3,000 for professional services, but the guy who caused you grief won't get a dime.

He'll be angry, and you'll be smiling.

You're welcome.
 

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