A typical call I usually have with my client is he has received a notice from his creditor that he will be hit with a lawsuit for a new balance due on his credit card on or before the date of his scheduled upcoming Exam. When I hear this kind of scenario my first thought is: “Hmmm, I think I will give him a call to find out how to make sure I’m not liable for the balance if he gets a court order.”
The attorney at the law firm will assist the client to determine what they can do if they wish to get out of this situation. They will put the client in touch with a reputable attorney at a firm who specializes in dealing with MVT issues. This will relieve the client of having to worry about paying off the creditor.
I often think to myself that the creditors should know better. How could they get a lawsuit filed against them, as they already knew about the issue? They gave the customer a credit card, so of course they knew how to handle it and they paid the balance in full without any issue.
The Attorney representing the client will make sure the client pays the credit card debt in full and also go to court and seek damages. I find it amazing how people will have to pay in the long run.
In some states the attorney will go to court and file a bankruptcy case to secure a forbearance from the creditor. You will not be forced to take the exam again. However, this will not help in taking a National Certificate in Motor Vehicle Examination.
You should know that it is still the Creditor’s responsibility to set up a lien on the client’s automobile in order to secure the full amount owed. It is important to remember that you have the right to seek damages if you believe you have been wronged by your creditor.
Before you take your Motor Vehicle Exam, you should first discuss your case with your attorney to determine if it is worth taking the creditor to court. It will take time to gather evidence, obtain proof, and consult with the courts.
Once you decide that you do have the time and the financial ability to take the creditor to court, then you should not hesitate to go ahead and request the court to give you an extension on your Motor Vehicle Exam. You will not be permitted to take the exam again until the extension has been granted. The only thing to keep in mind is that a defendant in this type of case will need to show that he/she has suffered an economic loss.
Most clients I represent take the necessary steps to obtain the extension on their Motor Vehicle Exam. As the creditor has not made any kind of agreement to the client, it makes sense for the client to try to stop them from going to court. It will not only benefit the client but also is a good strategy for any defendant.
When the client is given the OK to stop the creditor from taking any action, the client will need to explain the situation in as much detail as possible to the judge. It is a good idea to take a few minutes and talk to a prospective judge to find out if this is something you would like to pursue.
Having a credit counselor is great because they can help you manage the situation and take care of any legal troubles when you need them. It will help the client to plan their next steps and take the Motor Vehicle Examination with ease. Remember, there is no such thing as a Free Exam!
