repossesion

What is the name of your state? NJ
I had a car repo in 1999, Can the bank get a judment against me after so long.
The car was purchased in Utah in 98, and repoed in PA in 1999.
I'm afraid to make any payments on it and start the clock over again
Please advice

[JETX]

Originally Posted by vinicius

What is the name of your state? NJ
I had a car repo in 1999, Can the bank get a judment against me after so long.
The car was purchased in Utah in 98, and repoed in PA in 1999.
I'm afraid to make any payments on it and start the clock over again
Please advice

Yes they can. From your post, there are several possible venues. Lets look at each of them.

1) Utah (since the contract was presumably entered there):
The SOL in Utah for a written contract is 6 years. Even without considering the likelihood that Utah allows for 'freezing' the SOL when you leave the state, this would mean that the repo'd in 1999 could be pursued until sometime in 2005. Then, if a judgment is rendered against you, that judgment would be good for an additional 8 years, with continuing interest. More bad news about this one.... if they get a Utah judgment against you, they can simply domesticate it into your current state (NJ) where a judgment is good for TWENTY years.

2) Pennsylvania (unlikely, but possible that the creditor would use PA since the car was repo'd there):
The SOL in PA for a written contract is 4 years. That would mean that the SOL would have expired in 2003.... making it further unlikely that the creditor would consider using PA as venue.

3) New Jersey (your current 'home' state):
The SOL in NJ for a written contract is 6 years. If they get a NJ judgment against you within that time, the NJ judgment is good for TWENTY years.

How is the state of residency defined ?
Do they go by the state the you pay your taxes ?
Driver Lincense ?
Or last mailing adress on your credit report ?
I mean how would they be able to know wich state to file the law suit ?
Currently the collection agency that pursuing this is located on Texas, does that make any diference ?
Regards

[JETX]

Originally Posted by vinicius

I mean how would they be able to know wich state to file the law suit ?

The creditor can chose any of the following:
1) If the contract has a venue clause in it, that would set the jursidiction, or
2) The state where the contract was entered into, or
3) The state where the debtor lives.

Currently the collection agency that pursuing this is located on Texas, does that make any diference ?

See above.

Sorry for my ignorance... but
For exemplo, I have family members in about 10 diferent states, wich I could use as my permant residency. My question is... How do they know where is you home state.

[JETX]

Originally Posted by vinicius

Sorry for my ignorance... but
For exemplo, I have family members in about 10 diferent states, wich I could use as my permant residency. My question is... How do they know where is you home state.

Your HOME state is obvious. And I doubt that any responsible member of this forum is going to knowingly assist you in avoiding service of a lawsuit.