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Lawdoctor
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Experience:  22+ years legal practice including corporate, business, criminal, entertainment and litigation
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Whats the statute of limitations on auto repossessions in

Resolved Question:

What's the statute of limitations on auto repossessions in the state of Tennessee?
Submitted: 4 years ago.
Category: Legal
Expert:  Lawdoctor replied 4 years ago.
Dear Customer:

In order to answer your question, we will need additional information. Are you asking about the statute of limitations on repossessing a car that is in default or the statute of limitations for suing over a car that has been repossessed (the car owner suing the repo or creditor for wrongful repossession).

Thank you.
Customer: replied 4 years ago.

In 1995, I paid $10,000 down payment for a car that was $21,000. I was 20 yrs old and had saved my cash for this and ended up getting screwed over by the dealership. I had no credit good or bad yet so, they said they'd let me refinance 6 months later at a lower interest rate if I paid on time, etc. So I agreed to this and to a 15% interest and to a payment I told them I could not afford but will later when they let me refinance it. I cut back on some things and made payment 6 months then they said too bad, I didn't have it in writing that they would let me refinance. I had to let the car go. They took it after I didn't make pmt for 3 months. I took very good care of the car. It was brand new when I bought it and the same when they took it.

I just got a call this morning from a collection company that said, hey you owe us $3000 for the car back in 1995 that was repossessed. We sold it and never made all the money back for it. When it went back I owed about $8,000 on it then so I hardly think they sold it for $5,000. It was a very nice car. Anyway, this has not been on my credit report for around 10 years now and no one has tried to contact me to collect anything. I'm pretty easy to find, my number is XXXXX am on the net, etc... So, how can someone come back to try to collect a debt so old there's no way it can be legal? I googled this mans number and scam issues came up about them trying to collect on debts way past statute of limitations, etc..

Expert:  Lawdoctor replied 4 years ago.
Dear Customer:

Thank you for the additional information.

Yes, this is a scam by a collection agency which has either bought your debt or is just trying to squeeze you for money. If they did not get a judgment against you and renew the judgment, you do not owe them a thing. Be careful talking to a collection agency because if you 'reaffirm' the debt, you effectively waive the SOL. My suggestion is that you do not take any phone calls from them, let it go to voice mail, do not answer any letters, unless you have an attorney do so and in general ignore them. this would be a 13 year old debt and thus uncollectible.

Keep a record of their calls and the letters so that if they try to file this on your credit report you can sue them for illegal reporting and credit defamation. Keep the voice mails especially if they are rude and nasty, you may be able to make some money off of them!!!!!

I wish you the very best.

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

Customer: replied 4 years ago.
Sounds great! How many years is the statute of limitations in Tennessee for this situation?
Expert:  Lawdoctor replied 4 years ago.
The SOL is 6 years or possibly 10 years, so either way you are safe.


Here are the statutes for your files;

Breach of contract: 6 years, (T. C.A. 28-3-109).

Open accounts: 6 Years, (T. C.A. 28-3-109).

Domestic or foreign judgments: 10 years, (T .C.A. 28-3-110).

 

28-3-109. Rent - Official misconduct - Contracts not otherwise covered - Title insurance - Demand notes.

(a) The following actions shall be commenced within six (6) years after the cause of action accrued:

(1) Actions for the use and occupation of land and for rent;

(2) Actions against the sureties of guardians, executors and administrators, sheriffs, clerks, and other public officers, for nonfeasance, misfeasance, and malfeasance in office; and

(3) Actions on contracts not otherwise expressly provided for.

(b) The cause of action on title insurance policies, guaranteeing title to real estate, shall accrue on the date the loss or damage insured or guaranteed against is sustained.

(c) The cause of action on demand notes shall be commenced within ten (10) years after the cause of action accrued.

 

I wish you the best!

 

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

 

Lawdoctor, Lawyer
Category: Legal
Satisfied Customers: 1400
Experience: 22+ years legal practice including corporate, business, criminal, entertainment and litigation
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