Statute of limitations bank auto loan

[slavaka06]

Hello, and thank you for any advice. I live in the state of Oklahoma, and need a little advice on the statute of limitations applying to a case. The auto loan(from a bank) began sometime in 2007, and as memory serves the last payment was made in 2009. Does this type of loan fall under Oklahoma's 5 year statute of limitations for written contracts. After so many years I no longer have the paperwork from this loan, and only remember that is was sometime in 2009 when vehicles were repossessed. The one thing that I can see however, is my credit report showing the date of my last payment being in late 2008(which goes against what I remember, but either way is over 5 years). The debt also shows as closed on there. Up to this point in time I have never been to court with this company, and have not heard a word from them. After looking up old records I do see where attempts failed to serve papers in 2010 and I believe 2012. Do either of those failed attempts restart the statute of limitations? Thank you for any knowledge you can pass on to me. Also, if this is a usable defense, would it be as simple as bringing this up as soon as I get my first chance to speak, and having a print of those credit reports(two different ones both showing the same last payment date) as my proof? Thank you again.

 

[slavaka06]

Additional info

Apparently, after looking online at old record for 2012 is says not served initially, but further down it says that I was served in 2013, which never happened to my knowledge. I doubt telling them that I was never served would do anything( I am assuming that this will be brought up if another judgement was made that I was never aware of). Any advice here?

 

[latigo]

Apparently, after looking online at old record for 2012 is says not served initially, but further down it says that I was served in 2013, which never happened to my knowledge. I doubt telling them that I was never served would do anything( I am assuming that this will be brought up if another judgment was made that I was never aware of). Any advice here?

Let me give you some practical advice when seeking legal help or any professional advice. Do not ask specific questions as to the applicability of a given law or set of laws to your perceived circumstances and as you perceive those laws!

Just describe those circumstances and let the professional do his or her thing. You wouldn't go to your doctor concerning an acute pain in your lower abdomen and renal area and ask that a CT Scan be performed to look for bladder cancer.

So please don't be asking if this "claim or indebtedness" is somehow outlawed by statute without at least explaining how, why and it what form it has suddenly surfaced after these many years.

Read what you have written. There isn't one word mentioned of anyone or thing making any demands upon you, much less explaining the nature or source of the demand. Start from the beginning, not from the middle as we can't tell whether the claim remains un-liquidated or was reduced to a judgment or any operative statute has been tolled, etc., bring other laws into play - including the Fair Debt Collection Practices Act.

 

[Zigner]

... if another judgement was made that I was never aware of). Any advice here?

Are you now saying that your credit report shows a judgment against you? If so, then the statute of limitations wouldn't even apply to the original debt. Also, please keep in mind that there are several methods of service that are perfectly allowable.

 

[slavaka06]

I

Let me give you some practical advice when seeking legal help or any professional advice. Do not ask specific questions as to the applicability of a given law or set of laws to your perceived circumstances and as you perceive those laws!

Just describe those circumstances and let the professional do his or her thing. You wouldn't go to your doctor concerning an acute pain in your lower abdomen and renal area and ask that a CT Scan be performed to look for bladder cancer.

So please don't be asking if this "claim or indebtedness" is somehow outlawed by statute without at least explaining how, why and it what form it has suddenly surfaced after these many years.

Read what you have written. There isn't one word mentioned of anyone or thing making any demands upon you, much less explaining the nature or source of the demand. Start from the beginning, not from the middle as we can't tell whether the claim remains un-liquidated or was reduced to a judgment or any operative statute has been tolled, etc., bring other laws into play - including the Fair Debt Collection Practices Act.

My apologies for going at this incorrectly. I was served papers to be in court for the amount owed on this debt a few days ago. That is where this is all coming from.

 

[slavaka06]

Are you now saying that your credit report shows a judgment against you? If so, then the statute of limitations wouldn't even apply to the original debt. Also, please keep in mind that there are several methods of service that are perfectly allowable.

I have checked over all of my credit reports and none of them show a judgement. The only thing I found was an entry for proof of service filed(not found) twice in 2012, followed by another entry a few months later in 2013 saying proof of service filed. This was on a court record database for my state. There is no reference to any judgement or garnishment. I may be misunderstanding what that means at this point. I have, however been recently served papers to be in court for the debt.

What I am asking at this point, does the statute of limitations law in Oklahoma for written contracts apply to a bank auto loan, or does that type of loan have different limitations.
Also, some courtroom ettiquette. Would I be correct in assuming that any defense brought to a court of law should be presented immediately upon having a chance to speak?

 

[adjusterjack]

My apologies for going at this incorrectly. I was served papers to be in court for the amount owed on this debt a few days ago. That is where this is all coming from.

What papers?

A summons and complaint for a lawsuit?

Or a summons for a debtor's examination?

Something else?

Describe the papers. Be specific.

 

[slavaka06]

What papers?

A summons and complaint for a lawsuit?

Or a summons for a debtor's examination?

Something else?

Describe the papers. Be specific.

The top of the paper reads affidavit​: personal property and money judgement. Is that the info you need on the paper?

 

[slavaka06]

Any advice on this? Thank you in advance

 

[adjusterjack]

The top of the paper reads affidavit​: personal property and money judgement. Is that the info you need on the paper?

That still doesn't tell me if it's a new lawsuit or a post-judgment action.

Unfortunately, this site doesn't allow posting images or links to documents so, if you like, please register at xxxcom or xxxdtcom where images can be posted and somebody will look over your documents and make helpful comments.

 

[slavaka06]

Ok, thank you

 

[quincy]

That still doesn't tell me if it's a new lawsuit or a post-judgment action.

Unfortunately, this site doesn't allow posting images or links to documents so, if you like, please register at xxxcom or xxxdtcom where images can be posted and somebody will look over your documents and make helpful comments.

Please stop posting links to other sites, adjusterjack. You have been advised numerous times already that this violates the terms and conditions of this site.

Thanks.

 

[slavaka06]

After initial appearance questions

I had court this morning over this case, which is a small claims case. I immediately brought up the SOL and had to wait for the judge to come back to me and the other party. It was agreed by both of us that the last payment was made in October of 2009. The judge looked through the records and saw where there were attempts to serve me in 2010, and late 2012 that both failed. The judge said that there was a savings statute that he needed to look up before making a judgement, and told me and the other party to return at another date a few weeks from now so that he would have time to research the statute. In my previous comments I had said that I was not sure if there had been a judgment put in before, and now for sure that answer is no. There was no previous judgement.

I have looked around online to see how this savings statute applies to debt or extending/restarting the SOL. I am unable to find much info on it applying specifically to debt. Does anyone know anything about this savings statute or how is applies to debt? Thank you for any help.

 

[latigo]

I had court this morning over this case, which is a small claims case. I immediately brought up the SOL and had to wait for the judge to come back to me and the other party. It was agreed by both of us that the last payment was made in October of 2009. The judge looked through the records and saw where there were attempts to serve me in 2010, and late 2012 that both failed. The judge said that there was a savings statute that he needed to look up before making a judgement, and told me and the other party to return at another date a few weeks from now so that he would have time to research the statute. In my previous comments I had said that I was not sure if there had been a judgment put in before, and now for sure that answer is no. There was no previous judgement.

I have looked around online to see how this savings statute applies to debt or extending/restarting the SOL. I am unable to find much info on it applying specifically to debt. Does anyone know anything about this savings statute or how is applies to debt? Thank you for any help.

Sorry that I didn't catch this earlier, BUT the last payment you made on the bank loan doesn't have a thing to do with the running of any Oklahoma statute of limitations. Not if what you have written is true in that the loan was secured by a motor vehicle lien and you defaulted on the loan resulting in the repossession of the vehicle. Why?

Because your indebtedness to the bank would not have become fixed, that is the "loan deficiency" ascertained until the vehicle was repossessed, disposed of in a commercial reasonable manner and the proceeds applied to the balance of the loan, plus accruing interest, costs of repossession and sale and attorney fees.

(It would be different if the loan was not collateralized, or the bank waived its security and sued on the loan balance, but the accruing of a debt for S/L purposes isn't necessarily treated the same as one that is not secured.)

However, I fail to see how this could help the bank as it is improbable to believe that the bank didn't take action to repo and enforce its security at least within a year of the loan going into default. That is, to have ascertained the "loan deficiency" fixing a date certain for the commencement of the five year S/L.

As to what "savings statute" the judge intends to study I have no clue. But I would suggest to him or her that they also do some inquiry into the equitable doctrine of "laches".

 

[slavaka06]

The vehicles (2) were both repossessed and sold at auction. This happened in early 2010. The balance they are trying to sue me for is after the sale of the vehicles. If I am understanding correctly, you were saying that the SOL would not start until a final sale of the repossessed property? I will do some looking into the laches also.