Garnishment
Date: Tue, 02/24/2009 - 12:39
I split this off into it's own thread. What state do you li
I split this off into it's own thread.
What state do you live in? When were you notified that there was a deficiency balance remaining on the note after the vehicle was sold at auction. Most states have adopted the UCC in regards to repo's. SOL would be 4 years from the date that the deficiency was realized. You will need to go down to the courthouse and request a copy of the case file. Pay close attention to the method of service. If you were not properly served, then file a Motion to Vacate due to Improper Service. If the court grants the motion, the plaintiff may still have the ability to re-file. If this is past SOL, then that is your Affirmative Defense to the suit and it should be dismissed with prejudice.
Don't confuse teh 7 year limit for credit reporting and your states' SOL. They are 2 totally different things.