Dead or Alive ?
Date: Fri, 10/10/2008 - 18:44
I wanted to settle and made some payments couple of years back. The agreement was to make two payments. I made the first one, not the second.
I am guessing SOL reset to the date I missed the second payment. I am not sure if the new SOL has expired, I am guessing it is not.
So I wanted to see the DOLA and DOFD, but the debt does not even show up in 3 credit reports, i guess it is because it is also obsolete under FCRA.
Do I have a case for a SOL defense?
What state do you live in? Repo's are covered under the UCC but
What state do you live in? Repo's are covered under the UCC but only if your state has adopted it into state statute. Also, in some states, a payment may not reset SOL unless the promise to pay was made in writing.
The SOL clock started ticking when the deficiency balance was created. Was the car sold at auction? Were you bitified of the deficiency? How and when were you notified?
I live in FL. I am not sure whether repos are covered under UCC.
I live in FL. I am not sure whether repos are covered under UCC.
And no promise was made in writing but as I mentioned I sent a payment to them. Not sure if this is considered a promise.
The car was sold at auction. To be honest, I did not even see the auction details etc. until sheriff served the summons. The original contract, details of auction and their estimate of remaining balance were included as exhibits.
However, it looks like they are suing for the full balance as indicated on the original contract. They have not mentioned
anything about the payment I made.