Collection spy after 9 years? My car be repo'ed 9 years ago. I never received any word


My car be repo'ed 9 years ago. I never received any word from the creditor after they got it rear legs. Now, about every six months I draw from a letter from them offering to settle for $12,000. The portrayal doesn't show up on my credit report. Can they collect? should I try to pay? Is the time restrict up?
This is much ado more or less nothing.

This is a zombie debt collector. All you stipulation to do is "NOTHING".
Let them sue you in court if they carry on, they very very well should knwo they have no legitimate cause to bring this to you.

If they are foolish plenty to actually nick you to court..go next to a smile on your face..once the consider tosses this outta court quicker than you can blink, you can then request a counter claim against them for damges/emotinal distress etc. And finally you may want to report them to your local attorney general's office for fraud.

You might get hold of a small financial reward for them waisting your time over this apparent fraud issue. Good luck.

I work at a primary Law Firm.
There's something "fishy" about this... Go to everywhere you bank- & ask them if there's a "statute of limitations" on that kind of debt. Someone may be trying to "scam" you... :(

Answers:    I don't know where the previous posters come up near a 7 year period for collecting on the debt.

I chew over they are confusing the reporting period next to the collection SOL. Two seperate issues.

IF you had not received adjectives of the required notices previously and after the sale, which includes the not as much as notice - the repo would be considered an wrong repo and non collectible.
If you had moved shortly after the repo, the above statement may be a gray nouns since they could have sent the notice to the only address they have on you.

A repo voids the original contract - so the charge stale that was reporting on your credit reports would own only be able to report for 7 years from the defaulting.

If the original creditor have reported a trade line for the negative amount, it could only be reported for 7 years from the date the vehicle be sold creating the deficiency. If the debt be sold to a collection agency, it would still only be reportable for like 7 year time span.

As for the collecting SOL, since the original contract be made void, the repo would topple under the UCC for a 4 year collecting SOL that would start from the date the vehicle be sold creating the deficiency.

IF they are collecting on the lesser amount, and no judgment have been file, then you are far previous the legal collecting SOL.

IF a acumen was file and they are actually collecting on the perspicacity - you would need to cram your states judgment collecting time to see if you are past it or not. You would also stipulation to learn if a decision is renewable in your state.
You should also check to see if nearby is a judgment, and if so, when the shrewdness was granted.

The collecting time on a judgment starts on the date the result was granted. If your state allows judgment to be renewed, then the collecting time will continue to run.

If you are unsure or want to check to see if they have gotten a judgment on you or not, ring the county court clerk in every county you have lived in from the time of the repo (or the later address that the original creditor would own known), up until now. Ask if anything have been file in your signature.

If they are collecting on the deficiency, and no decision was granted, you enjoy a legal right to distribute them a SOL letter recitation them the deficiency is no longer collectible.

You might click on my profile and click on the later link I hold listed. Do some reading and ask any question you may have surrounded by the Credit Forum.
If there's proof that the creditor is trying to get better money from you, you're liable to pay up even after the statutory lapsed of 7 years. Work out the final repayment plan beside them and get yourself stale the debt once and for all.
I believe 7 years is still the boundary of time for pursuing a charge off. If they received a "judgement" after I believe they can pursue and garnish for as long as it take. If it is in certainty a charge off, they may be fishing contact near you in command to renew the claim. Speaking with them to acknowledge the debt at this postponed date would return it to an active charge-off again, so I wouldn't speak to them unless you see court papers. I could be wrong, ask for a free consultation at a debt/credit service or an attorney.
First of all, Echo is ably versed and ready for any combat beside these debt collectors.
Secondly, this link:
http://answers.yahoo.com/question/index;...

have an interesting running discussion on debt collection. I suggest reading Echo's comments, mine, and Studly.
Good luck!



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