• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Car repo

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)? South Carolina

so, I had my car repo'd voluntarily in 4/2003. I was about to give birth, hubby lost his job and I called them up and asked them to get the car. I had a child to feed, one on the way and it was food or the car. I paid 18,000 and pain 425 a month for 3 years perfectly. They sold the car for 8000 at auction. So, I pain 15,100.00 total towards the car and they made 8000 at auction. Now, they state I still owe them 10,000!!!!

I am aware that most of my payments initially went towards interest and I have never defaulted on anything before or since. It was just tough times.

Anyway, that was all in 2003. It is now 2011, a full 8 years later and I am receiving letters intermittently from a collection agency demanding 19,000 now. I have not answered them. I am smart enough not to ignore a legal summons, etc but that has not happened. I guess it all boils down to this:
1. How much can they actually sue me for ( they have massively inflated the amount) 2. What is the statute of limitations on a car loan?

I would like to add that this is all off my credit now after all this time and it is once again great. Advise, not lectures are appreciated.
 


Indiana Filer

Senior Member
From what I can tell, SC has a three year Statute of Limitations, so if you haven't been sued and don't have a judgment against you yet, you can use the SOL as an affirmative defense.

Check with the Court in your county (and in any other county you might have lived in since 2003 just to make sure) to see if you've been sued and were served in some alternative fashion. If not, don't worry.
 
Thanks for the advice. The reason I posted this is because when I look online, I see anywhere from 3 years, 6 and even 10 years.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top