What can I do? Urgently!!!!

[aliatadre]

What is the name of your state?Texas


Well, I bought a car in Modesto,CA in '97 with $3,000 cash down not even 2 days since I got it, I started having problems, from that time on it was always something wrong one after another. Every time I go back to the dealership they would say everything was fine so I took it, at the time I was desperate need of a car because of where my job was there is no bus route near it. Well, my last draw was when the car just broke down on me in the middle of the busy freeway. So I went to the dmv to run a history report come to find out they said is a lemon, which the dealer swear to me is not. I decided to give them back the car because it doesn't make sence to pay the mechanic the fee to fix it that exceed the car payment all the time so I called them up to pick up the car we argue back and forth about the situation and how they lied to me finally they said ok they will do all the paperwork and that was it. I found out the company went bankrupt. I never heard anything from them anymore and this was in California when I was single. Now I'm maried and moved here in Texas I received a letter from a colletion agencies so I called them up and told them what happen that I thought everything was going to be clear cause I didn't hear anything from the dealership. Unfortunately they said no and now they are constantly calling and demanding $6,000 but I told them I'm not working further more my husband got laid off and he just start a new job. I'm taking care of my 3 kids at home. We bought a house in 2003 it's all under my husband name. Now They're threaten me saying that it will be lien toward the house and that I should go look up in the community property state and if this happen that we might loose the house. We came along way to get this house and to loose it like this is devastating. I agree to pay $20 in money order but the guy said no it has to be check or credit card but do to hardship living from paycheck to paycheck I didn't want to take that risk. Can they do that but the lien on house even though I'm the one that had it before getting married. I was supposed to get back to them yesterday but I post it on the wrong forum. (Just found out about this yesterday. First timer>
I didn't get back with them cause I wanna get more info but since I didn't he told me that they're going to go through with the judgment and pin the lien towards the house..So my question is can they do
that cause I read the Community property law the only thing I got out of it is that even though my name is not under the property is still both of ours cause he purchase it after we got marry and this dept that I had before I got marry I'm responsible not him. But this is the Texas law and it only apply to those that got marry in Texas but we got marry in Ca. This dept is in Ca.
That's were I'm ..
Please help!!!!! Need advise
Thank you for taking the time to read this...

[cmorris]

First, stay off of the phone! It will cause nothing but problems.

Did you return the car in '97? If so, the statute of limitations (CA and TX) ran out in 2001. They can't sue you for the difference regardless; well they can, but you have an affirmative defense.

It is also too old to go onto your credit reports--but check to make sure they haven't illegally reaged the debt.

Don't send them any money. Send them a full cease and desist letter, certified mail return receipt. Cite the reason as the statute of limitations. You might want to remind them that it is illegal to reage the debt in order to place it on your credit reports.

Calm down, everything is fine!

[aliatadre]

Yup, they surely did take it back...

Thanks this is what I really want it to hear...Now I gotta write a cease and desist letter...

Thanks again for taking the time to respond..

Have a blessing day..
Keep up the good work