Expert Advice When You Need It Most

NY state debt collection laws, creditor's lawsuit seeking order to show cause, NY litigation civil procedure

Asked over 3 years ago - New Hartford, NY

I became behind in my auto loan payments over the summer (I was unemployed for a short period of time) - my car was never repossessed, but I had moved to another residence and also changed jobs. My question is this - I was recently served papers by the bank with an "Order to show cause" - and have to appear in court in 2 weeks. Will I be forced to surrender the vehicle that same day? What can I expect to happen in court that day? Thank you very much for your help.

Flag

Save

Share with:

Attorney answers (3)

Elliott M. Portman

Reputation Level 13

Answered over 3 years ago. Debt Collection Attorney in Bohemia, NY.

Flag

It is going to sound obvious, but I will say it anyway, go find a local attorney to speak with to get your options.

The bank will not take your car the same day. They are looking to get a Judge to issue an Order directing you to turn over the car, either to their agent or to the County Sheriff.

The bank has submitted papers to the Judge detailing the debt and default in payments. If you have the ability to continue payments, you might be able to work out another schedule with the bank's attorneys. You have the right to submit papers in opposition to their motion, although I doubt you can muster a defense from your question's description of the situation.

Mark as good answer

Add comment

Mona R Conway

Reputation Level 10

Answered over 3 years ago. Business Attorney in Huntington Station, NY.

Flag

An Order to Show Cause is an expedited notification of an application against you before the court. Don't be too concerned about the OSC. First, make sure that you were served according to the court's direction in the OSC. Service must be proper in order for a judgment to issue. Also, you can ask your adversary for an extension of time to respond while you find an attorney. If your adversary refuses, appear in court and ask the judge. You'll most likely be given more time to respond. Remember also that settlement is always a possibility and that the bank would probably prefer to have your money than have to litigate, repossess and resell your vehicle.

Mark as good answer

Add comment

Stacy Mandel Levine

Reputation Level 10

Answered over 3 years ago. Health Care Lawyer in Great Neck, NY.

Flag

Review the papers you were served with and make sure that you comply with the court order and appear in court on the day and time. You may need to submit a response in writing- but many jurisdictions will allow you time to do so (perhaps a week) and at that time you should make sure that all your facts and arguments are in written form in opposition to the Order to Show Cause. But there is also nothing stopping you from phoning the attorney who served you with the papers and tryin to work out an arrangement ahead of time - before court- as well. Usually a court will grant you time to respond, or to hire an attorney if you need to, but the most important thing at this point is not to default and to appear in court.

Mark as good answer

Add comment