Cannot make the Reaffirmation court date

[Calimom88]

I filed a reaffirmation contract for my car. The creditor forgot to file it when I had sent it and now I'm stuck with a court date I cannot make since I will be moving out of state. Since this is basically me not showing up for the court date, can I cancel this and just risk repo? My husband is thinking it may be best to just stop making payments and let it go.

Can I still get this waived in my discharge? I haven't been discharged yet so I'm kinda wondering what would happen. If they will def will repo it should I just drive it to the lot? Haha any tips would help!

[justbroke]

You can rescind the reaffirmation. I think it's 30 or 60 days to rescind. Is this vehicle loan with a credit union? I'm guessing that you filed Pro Se (on your own) because you're actually having a hearing on the re-affirmation. Maybe the judge will disapprove of the reaffirmation.

I can't tell what the bank will do if you stop paying (as well as rescind the reaffirmation). For some lenders, they don't care so long as you continue to pay on time. For smaller lenders, they may repossess the vehicle.

[leonel9]

If you decide you want to proceed with the reaffirmation (not sure if that's in your best interest or not), perhaps you could request to attend the hearing via phone? Perhaps you should make the request either way?

[Calimom88]

I'm going to look into rescinding. I really don't want to keep making payments and it's probably ok with us if they repo it. The loan is not with a credit union.

[bcohen]

It sounds like you (probably) cannot afford to keep the vehicle, so you should definitely follow the legal process to rescind your reaffirmation. If you have to spend money on travel costs in order to attend, I would do it! Don't run the risk that the loan will be reaffirmed, and you will end up defaulting later.