Double check before I go to court
Date: Sun, 10/02/2011 - 23:32
§ 13-80-103.5. General Limitation of Actions - Six Years
(1) The following actions shall be commenced within six years after the cause of action accrues and not thereafter:
The cause of action would be the missed payments not the repossession and I should only need to bring in a copy of this and a copy of the default prior to this Is this correct or anything else that I should be prepared for?
Thanks in advance
As the SOL period of 6 years has been over, the creditor or the
As the SOL period of 6 years has been over, the creditor or the collection agency won't be able to take any legal actions against you. As the SOL has passed, I'm sure the court will give the judgment in your favor. You won't have to do anything else. However, it is always a good option to contact an attorney and let him/her deal with the matter in the court. He/she will be able to better assist you in this case.
Quote:As the SOL period of 6 years has been over, the creditor o
Quote:
As the SOL period of 6 years has been over, the creditor or the collection agency won't be able to take any legal actions against you |
Anna...the creditor HAS taken legal action. It is up to the poster to object in court at this point. They have a defense. You have been posting on these boards for how long and you are still posting this incorrect statement.
Quote:
. As the SOL has passed, I'm sure the court will give the judgment in your favor. You won't have to do anything else. However, it is always a good option to contact an attorney and let him/her deal with the matter in the court. He/she will be able to better assist you in this case. |
Again, I have told you that attorneys cost money. Why does someone need an attorney when they understand the law and have the proof that they need?
So, lets clarify....you said that you were in default in April 2
So, lets clarify....you said that you were in default in April 2004, but they did not repo the car until 13 months later?
Between the time of default--April 2004--and the repo, was there any time when you got caught up on payments? Was there a time in there when you were not behind at all on payments? If you brought the loan current anywhere in that time, then the SOL period was started over. The SOL begins when the delinquency begins. So, as long as you were behind on payments that whole time, then you are covered.
Actually, they sued you in May 2011, so either way they are out of luck. Bring the copy of any notice of default you have that shows the default began prior to May 2005 and bring a copy of the statute you mentioned.
Once I was behind never made any other payments. Just wanted to
Once I was behind never made any other payments. Just wanted to make sure that I had everything in order. They obviously offered me to settle for half the amount but did not want to pay if not necessary. Thanks for your help
So my court date is Nov. 4th. I received a motion allowing the
So my court date is Nov. 4th. I received a motion allowing the plantiff to call in and not be present. Is this common or is it a sign they might just not show up. My only concern was the repo date being just inside 6 years and the SOL. Thanks again for everyones help here
It is quite common for the plantiffs attorney to "appear" by ph
It is quite common for the plantiffs attorney to "appear" by phone. They wont be there....they will appear on a speaker phone.
okay
as skydiver stated.you go by the date of first delinqency,not the repossesion date so they are out of luck.
