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Which states SOL applies here?

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KC35

Junior Member
What is the name of your state?Tn
I have a question that 4 different lawyers and legal aid can't answer. I thought maybe someone here might give it a shot, lol. I had a car in 1993 that was financed in Florida. I had moved to Ky. I was only there for 6 months. During that time, I traded cars and the same Florida bank handled the financing. I moved to Tennessee after 6 months and the car was repoed in Apr. of 1994. The bank sent me notice that it had been sold and I owed $8000. I never heard from them again. They were bought out shortly after that (Barnett Bank of Florida). I received a letter from collectors in 1998. I told them I had no money and would file BK if they sued. I never heard from them again. I have no idea which states SOL applies here. Everyone I asked had a different opinion or just flat out said "I don't know". The SOL if KY is 15 yrs. I am in the clear if FL or TN. Anyone like to take a guess? And no, I absolutely can not pay it now either. We are currently working our way out of debt and the reappearance of this debt would be a nightmare.
 


Ladynred

Senior Member
A bit of a tricky question for sure. If the 2nd car was financed while you were in KY, as you say, then the SOL would be 15 years. IF you were sued on this dinosaur debt, they would have to sue you either in the state where you entered into the contract, or the state where you live now. While they can legally sue in KY, its more likley they'd sue you here in TN. That's because any judgment they might get in KY would be unenforceable in TN unless they moved the judgment here - and that would cost them additional money and time. So, if they sued you in TN, then you would use TN's 6 year SOL and they would be out of luck. If you haven't been sued by now, its unlikely you will be and the thing should have been off your reports by 2002.
 

KC35

Junior Member
Thank you so much! That is what I really needed to hear. I monitor my CR 3 or 4 times a year, just to make sure they aren't checking on it. I have never seen their name. They are out of NC, and I really don't think they even paid attention to the fact that the car was purchased in KY. They bought the debt from Barnett in FL, and contacted me at my parents house in TN. I haven't heard from them since 1998, so I am hoping they realized they aren't going to get anything, and just gave up. I still have no assets to take and no money. I just really needed to know that they COULDN'T win, if they tried. Thank you again!
 

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