SOL on repossessed vehicles

[lpharis2001]

What is the name of your state? GA

When I was living in CA in April, 2000 when I purchased a new pickup truck. I became unemployed and moved to NC 6 months later. I was unable to make the payments and the truck was repo'd Jan. 2001. The finance company contacted me for the first time after that in August 2003. I was still unable to pay the balance and the debt was sold to a collection company. They have contacted me numerous times to repay the debt. This truck is one of the things I'm planning to get rid of when I file Ch. 7. However, I'm wondering if the SOL is out on this debt. I am not that familiar with the rules on this for GA and would appreciate any info.

 

[ihatearizona]

The SOL in GA for a written contract is 6 years. How long has it been since you last made a payment?

 

[Ladynred]

Once its repo'd the written contract is basically null and void. UCC SOL for collecting a deficiency for a repo is FOUR YEARS. If you weren't notified of the sale as required, then the SOL drops to 2 years. Did you receive notices of the sale before it was sold ?? Did you receive any notices AFTER it was sold with an accounting of what the thing sold for, all the fees etc ??

 

[lpharis2001]

GA--No, I didn't receive any notification of anything until 2 and 1/2 years later. Then, it was only a demand for the remainder of the balance. I have no idea what the fees were, what the truck sold for, etc. If I did not receive these things, does that make the contract void? What impact will that have if I decide to file BK?

 

[lpharis2001]

GA--I never received a notice on any of the vehicles I had repo'd. However, I got a bill from a collection agency yesterday about a boat that was repo'd in 2000 in NC. Can they do anything if I never received notice from the original creditor?