repossession of vehicle in 1991

[rsimeo]

My husband had a truck repossed in 1991. It went on his credit report. Recently he received a call from a lawyer in Ny wanting him to pay for the truck. The call got heated and my husband very frusterated just told the lady to sue him. After he told the lady this she stated she was recording him. We thought both parties were to be informed of a recorded conversation. Is it possible to be sued for a repossession after so many years. We live in Louisiana. They are wanting 6000.00 plus court costs.

[zippysgoddess]

Tell them to go pound sand. The statute of limitations in Louisiana for a written contract is 10 years, even if things didn't settle out with the final disposition of the truck until 1992 the SOL is up.

They can, however, still try to sue him for it, he would have to file a response with the courts that the SOL is up and the debt is time barred, as his affirmative defense to have the suit dismissed.

They can call you and try to collect on the debt forever. The SOL has nothing to do with his owing the money and them wanting it, it only controls the amount of time they have to file a lawsuit to get a judgment to attempt to collect the debt.

Sorry, I have no idea what the laws are in your state for recordings.

As to the collection attempts, since the debt is now time barred, you can send them a cease and desist letter, send it certified mail return receipt requested and keep copies for yourself, tell them the debt is time barred for a suit and you will no longer accept any form of communication from them regarding the matter.

Please note though, the C&D letter is only pertinent for this company, if they resell the debt, then that company may start contacting you again and you would have to send a new letter.

Also, if he already had a court judgment against him over the repossesion then none of this applies as judgments have a different SOL than debts that have not been sued for yet.

[Ladynred]

LA is a one-party state, so is NY. Expect that ANY call you get from a collection agency will be recorded.

As already stated, the SOL is long up.. the repo ended the written contract, and the deficiency became just another unsecured debt -and NOT a written contract. At worst the SOL would have been 4 years (per UCC for repo's).

Tell 'em to get stuffed.. and go jump in the East River !

[debtcollector`]

Originally Posted by Ladynred

and go jump in the East River !

No not in the east river!!!!

Do you know all the pollution that is in there? LNR the last thing you want is mutant debt collectors running around isn't it?

DC

[zippysgoddess]

LOL! DC, I thought some of them were already mutants?