Should I file chpt 7 and low cost options?

[MoneyXxworks]

I live in Arizona. I made the mistake of doing business with a buy here pay here lot and they are trying to sue me for $7000 and got a default judgment because they didn't serve me the summons and I didn't know about the court date. They repoed the car I only had for only a few days and they got my trade in car and still trying to sue 2 years later.

I had a consultation with a lawyer. He said my case was straight forward. I could file chpt 7 or try to get the case dismissed since I wasn't properly served the summons and I didn't get the statement of accounting I requested 2 years ago asking for what they did with the car and what they sold it for.

I have no idea where to begin. I don't know how to file to get the case dismissed. I don't know if I should try to file a chpt 7 since I might need to get loans to pay for pharmacy school or grad school in the future. I don't have the money to pay a lawyer to file for me or help me get the case dismissed.

What can I do? I don't want to pay them because I feel I was cheated on the car and they called me threatening and harassing me. I was told it was fine no tranny issues anything but it had problems I took it to my mechanic he said tranny fluid hadn't been changed in it for a long long time. The car was only worth 1500 on the lot it's marked for $5000 but with interest it suddenly becomes 10,000 and I didn't realize this because how fast we went through the contract plus I was 23 and never leased a car before. It was an awful mistake but still I need advice!

 

[MoneyXxworks]

I live in Arizona. I made the mistake of doing business with a buy here pay here lot and they are trying to sue me for $7000 and got a default judgment because they didn't serve me the summons and I didn't know about the court date. They repoed the car I only had for only a few days and they got my trade in car and still trying to sue 2 years later.

I had a consultation with a lawyer. He said my case was straight forward. I could file chpt 7 or try to get the case dismissed since I wasn't properly served the summons and I didn't get the statement of accounting I requested 2 years ago asking for what they did with the car and what they sold it for.

I have no idea where to begin. I don't know how to file to get the case dismissed. I don't know if I should try to file a chpt 7 since I might need to get loans to pay for pharmacy school or grad school in the future. I don't have the money to pay a lawyer to file for me or help me get the case dismissed.

What can I do? I don't want to pay them because I feel I was cheated on the car and they called me threatening and harassing me. I was told it was fine no tranny issues anything but it had problems I took it to my mechanic he said tranny fluid hadn't been changed in it for a long long time. The car was only worth 1500 on the lot it's marked for $5000 but with interest it suddenly becomes 10,000 and I didn't realize this because how fast we went through the contract plus I was 23 and never leased a car before. It was an awful mistake but still I need advice!

*Also forgot to add lawyer said it's unlikely they know​ where I work since I just got a new job 3 months ago. He said I should switch my bank to try to prevent garnishment for now until I can resolve this.

 

[adjusterjack]

they are trying to sue me for $7000 and got a default judgment

No. They aren't "trying" to sue you. They already did sue you and they got the judgment.

they didn't serve me the summons and I didn't know about the court date.

There are ways you could have been served without knowing about it and the service could have been proper. I suggest you get a copy of your case file from the court (everything in it) and read the Affidavit of Service to see what happened.

You'll need to know that before you can even attempt to get the judgment set aside.

I didn't get the statement of accounting I requested 2 years ago asking for what they did with the car and what they sold it for.

That's probably irrelevant now since you would have had a remedy two years ago.

I have no idea where to begin. I don't know how to file to get the case dismissed.

See Rule 60 of the AZ Rules of Court for the grounds necessary for setting aside a judgment:

https://govt.westlaw.com/azrules/Do...ype=CategoryPageItem&contextData=(sc.Default)

You would have to file a motion for relief of judgment. Google it and you may find samples. Try the Maricopa County Superior Court's website for forms and instructions (or Pima County or others). Any forms you find you can modify for your particular court. If you are in the Phoenix Metro area, the Maricopa County Superior Court in downtown Phoenix has a wonderful law library.

I don't want to pay them because I feel I was cheated on the car and they called me threatening and harassing me. I was told it was fine no tranny issues anything but it had problems I took it to my mechanic he said tranny fluid hadn't been changed in it for a long long time. The car was only worth 1500 on the lot it's marked for $5000 but with interest it suddenly becomes 10,000 and I didn't realize this because how fast we went through the contract plus I was 23 and never leased a car before. It was an awful mistake

That's right. A colossal mistake. But none of that has anything to do with owing the money.

I don't know if I should try to file a chpt 7 since I might need to get loans to pay for pharmacy school or grad school in the future. I don't have the money to pay a lawyer to file for me or help me get the case dismissed.

There's plenty of resources online for DIY bankruptcy if you want to go that route.

By the way, given the issues you report in this thread I suggest you keep your current job and not go into business for yourself and risk a lawsuit by your current employer.