Debtconsolidationcare.com - the USA consumer forum

How long does some has to file a small claim against you?

Date: Sun, 12/10/2006 - 12:49

Submitted by anonymous
on Sun, 12/10/2006 - 12:49

Posts: 202330 Credits: [Donate]

Total Replies: 4


I purchased a car in 8/2004, I lost my job in 7/2005. I turned the car in 9/2005. A letter was sent to me stating that the car was resold and I needed to pay the balance by a certain date in September or a judgement will be placed on me. Now December 2006 small claims action has been taken against me about the remaining balance for which suppose to be owed from him selling the vehicle. Is there a certain length of time someone has before they can file a small claim action against you and if so what is it. Also am I entitled to pay the remaining balance by law.


You can check with your local magistrate court. It depends on the type claim. Usually at least 2 years.
Sometimes 4 yrs. As long as they don't have your banking information, they can't collect on such a judgement. And, they have to locate you to garnish your wages. Don't do anything that will affect your credit report.


lrhall41

Submitted by mzlizzy2006 on Sun, 12/10/2006 - 14:11

( Posts: 18 | Credits: )


Reeshemaha, Unfortunately, turning in the car did not resolve the debt owed. Once the car was turned in, the bank (owner) has the option to sell the car to recoup the balance remaining on the loan. If the sell of the car does not take care of the remaining balance, then you are responsible for the difference. The owner has about 2 to 3 years before the statue of limitations runs out. After that the can not legally sue you for the money.


lrhall41

Submitted by bdouble on Sun, 12/10/2006 - 14:17

( Posts: 354 | Credits: )


You need to find out what your states statue of limitations, freequently called the SoL, is. Each state has their own set of laws on this.

Before the SoL expires your creditor has the right to sue you for any debts owed. Once that expires only collection activity can continue. Payment on an account past the SoL witll retrigger it. It's doubtful though that if you weren't sued to first time you will be the second.

Things caqn be reported on your credit report from anywhere between 7-10 years. Should something fall off of your credit report it doesn't mean that your responsibility to pay any debt has vanished. collection agencies can call you until the day you die and even then in some cases call your spouce after you died in community property states.

As for any voluntary or involuntary car reposessions,. You creditor has the right to resell the vehicle. It will still eave you responsible for the ramaining balance. For example: You buy a 10k car. You pay 3k and then turn it in or it gets taken. The creditor then sells it for 5k. You are then held responsible for the remaining 2k.


lrhall41

Submitted by FYI on Sun, 12/10/2006 - 16:03

( Posts: 1950 | Credits: )