i did a voluntary repo (vehicle) over a year ago and now I am being sued. What are my options ? Do I respond to the citation?

Yes, you need to respond to the citation, otherwise the creditor can obtain a default judgment against you. Responding to the citation preserves your right to defend yourself in court. The lawsuit is probably for the deficiency balance remaining on the vehicle loan. Once the vehicle is repossessed, it is usually sold at auction. The car almost always sells for less than the amount still owed to the finance company. Once the car is sold, the proceeds of the sale are distributed to cover the costs of the repossession, and the remainder is applied to the balance on the auto loan. The amount remaining due on the loan that is not covered by the proceeds from the auction sale is the deficiency balance.

There are also probably additional items, called 'Requests for Admissions' which you should respond to. Most debt lawsuits include these requests. They ask you to admit basic facts regarding the suit, and you either admit or deny each one. If you fail to respond to the requests in time, you are deemed to have admitted each request. These requests usually ask the basic questions to prove liability and damages in the case, such as 'Admit that you failed to make timely payments' and 'Admit that you still owe $x,xxx.00", etc. There may also be additional items you need to respond to such as 'Requests for Production', 'Requests for Disclosure', and 'Interrogatories'.

Your options are essentially to make a settlement with the plaintiff or to fight the lawsuit. There are several defenses available to you to dispute the amount owed, and in some cases, to prevent the plaintiff from recovering anything. Without the specific details of your situation, it is impossible to tell whether or not any of these defenses are available to you.

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