My husband was using this vehicle for work. we surrendered it cause he lost his job and couldn't pay i put GAP insurance. And thought I wouldn't have to pay since the vehicle was sold. I am so broke i cannot even pay my rent. And now I am being sued for $3,600. I don't know if my best bet is to to go court and have the judge make a decision or just try to settle. I don't know what to do.
If I understand your problem correctly, you had a truck that you couldn't afford, so you let it go back to the dealer (surrender). However, doing this does not automatically resolve the full debt that you owe. It sounds like the truck probably still had payments due, and those payments were worth more than the value of the truck. So now the company is coming after you for the remaining balance.
It would have made sense, up front, to negotiate with the dealer or lender and see if they would accept surrender as a full payment. Some lenders will do that, but it has to be negotiated up front. Now, they have the truck and you have nothing to bargain with.
You can still ask them if they will accept the truck as full settlement. Explain your financial situation and tell them you cannot make any more payments. They may require you to complete a financial statement to verify that you don't have the ability to pay. They might propose a payment plan of some smaller amount.
You might want to meet with a bankruptcy attorney to see if you would be better off filing bankruptcy.
There is a very simple alternative, you need to retain an attorney and file for Bankruptcy to eliminate this problem, as well as any other dischargable debts you may have. If you cannot afford an attorney, contact legal services or local law school legal clinics.
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You should at least consult your financial situation with a bankruptcy attorney. There are attorneys that offer free in person consultation.
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