Hi Guys i have 2 serious legal matter need advise.

[GenesisX]

Hi guys, im 23 this year and need advise from those who experience or has knowledge about this.

 

1stly, i had a bike 3-4 years ago, one motor company filing a suit against me for my unpaid remaining installment. I downpayment a $800 for a 2nd hand x1 back then, that cost me around 2.2-2.4k. I rode for 2 months before it was repossessed , was still in ns during that time and was unable to pay the installment. Right now they are filing a suit against me, my dad and my friend (the guaranto) . What can i do? Or can i bear the consequences alone by declaring bankrupt or what else can i do?

 

2ndly, I Had a major accident which i got hit from the back on my left rear light that area on the expressway, it spun all the way from the first to last lane and hit the railing. The lawyer was unable to contact me due to some residential problem as i didn't declare. The lawyer went to fight the case without much information or rather never once met me as i thought the insurance and the workshop's lawyer were the same. I lost, became 3-7 which i can easily win the case and claim some medical fee. I receive a really bad attitude from the lawyer subordinate and argue with them why without my information, the lawyer can fight the case alone himself and just notice me i have lost the case? I left my number for his assistant and the assistant argue that she didn't receive my number, i even reminded her over the phone. What can i do ?

 

 

Hopefully some kind soul will be able to answer my trouble,

 

SIGH

[0401897D]

My Dear TS,

 

I am going to be frank and honest with you.

 

for issue 1.

 

-even if it back than it was 2.2-2.4k..add on all the accumulative interest which equal to more than 10k, and u are unable to pay, they can make you bankrupt.

- if the accumulative debt is less 10k, and you cant pay, they have the option to seize items owned by ( in this order) 1.you,2.ur dad and 3. ur friend (guarantor) and auction it to recover the sum. then you will say what if the items did not explicitly state whose the owner or who bought it (i.e. sofa, TV, bed). den its up to you to argue. wateva it is, the longer the proceeding, the more the cost you bear

 

for issue 2.

- lawyer have been appointed by your insurance not workshop to act for you (please confirm).

- a standard operating procedure for lawyers to get in touch with the clients(you) is to send you a letter informing you to make appointment within 7,14 days as the other party is claiming from you. well i cant comment on whether you get the letter or not due to your residential problem.

- if after 7/14 days no news, they have no choise but to act coz, the other party is claiming (your lawyers have no choice but to act in your best interest) if he didnt act and it lapse, then the lawyer failed their duty of care which is worst.the other party claim from u 100%+ their legal cost.

- to be frank, as a general rule, if after 1 mth of accident it would be a good thing to call up ur insurance and ask whats the status if you did nt receive any letters of claim.

- yes the lawyer can fight the case alone himself after reasonable means of getting in touch with you fail and after reasonable delay( remember the other party is also claiming against with with time limitation).

- for issue where u left the no. to his assistant. and the assistant claims otherwise...i gt no comments.its your words against her. in any event, the case is already concluded.

- on a lighter note, yes you can ask the court for a "re trial" you must proof why before the judge can order a retrial and that involve lawyers = time = money. and the outcome and be either same, worst or better. its your call.

 

My honest advice, accept the mistakes that you have done for the past years and get this over with, quickly.

[GuiNNeSS]

I am just going to comment on Issue 1.

 

1) Even if you declared bankrupt. You will still be required to pay off your debt, once its assigned to the Official Assignee Office.

2) Why is your Father involved?

3) I take it that both your Father and your Friend are your garantors. In the event that you default on the instalments, your father and friend are still liable to pay, even after the bike was reposessed and sold off. Even if you declare bankrupt. They are still required to pay or they be declared bankrupt too. In other words, if you hope to pay for all three person including yourself......which you think you can. Do go ahead.

[blacstarz]

eh just wanna clarify why is it that after 3,4 yrs later then they issue you the law suit???

[GuiNNeSS]

eh just wanna clarify why is it that after 3,4 yrs later then they issue you the law suit???

 

Its done so, in the hope that the person still owes them money, will approach them and try to settle the debt. Or the bike shop was just too busy to be too pushy.

 

In Law. Any Creditors (meaning the company/person been owed money) has 7 years to file for a claim against a Debtor. So anytime, when the debt starts (meaning, when instalments lasped), the Creditor has 7 years to file against the Debtor.

[Isopropyl]

r u driving your own car when you invovle in an accident? if the case is over, there is very little you can do except accept the result. alternative will be costly.

 

for your debt, try to contact the bike shop and discussed whether is there any alternative way to settle the problem. try to settle it privately rather then going to court. you are young and having a bad credit record might not affect you now. things might be different once you need to apply loan for various reasons like housing. if you are given a chance, don't screw it up again!!!

 

time for you to be more responsible towards yourself and those that trusted you. try to work things out and don't let it ruin your life. good luck.

[kano]

These bike shops uses these demand letters from lawyers to "hung" you hopefully you will pay up

 

The seizure of your items and to auction off is only just "wayang" and just to embarass the debtor

 

You think the karang guni men are able to sell off your items, of course they will sell it back to you with a mark up price of $300 which nothing leave the house I doubt this scenario will hapen!

 

Advice

 

-call the bike shop

-check what's your outstanding amount

-negotiate the the top management paying affordable monthly installments with a lower interest rate

[RageMyDream]

By declaring bankruptcy will not do you good since you are still young. You will face difficulty to get any financial help/loan in the future. My advice is to avoid this option whenever possible.

[Silent Hunter]

Nah! This is not the movies, declare bankrupt also no use, the company will simply go after your father and friend since their are the guarantors.

By signing as guarnators, they have declared that they guarantee YOU will pay, otherwise they will make up fr the shortfall. They are not guarantors for nothing you know.

 

Don't declare bankrupt. Later you will find it very hard to find job outside. Almost all job application form got ask if you have been bankrupt before, especially government job. Best is to talk to the bike shop or their lawyer to work out a payment plan, drag longer, pay more interest.

 

For the lost case, if got money then ask for retrial. For trial, lawyer fee not cheap $7K +/-

If loose, have to pay for both sides lawyer fee. $14K-$15K.

No money then LLST justice is not something everryone can afford to have.