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While the car loan is a written contract, once the vehicle is repossessed then the written contract becomes void and the written statute of limitations no longer applies. The deficiency amount 'does not' fall under the written statutes, instead the deficiency falls under the Uniform Commercial Code (UCC) with a 4 year statute of limitations. The UCC 4 year limitations period begins on the date the repossession was sold that created the deficiency.So, it would appear that yes, you have an argument that the SOL has run out. That said, if they filed the suit before the 4 year period ran out, then the statute of limitations does not apply. Similarly, if you made a payment on the debt say, one month before the end of the 4 year period, you would have "reset" the time allowed for the creditor to bring suit for another 4 years.If none of that applies, I would say you have a good argument to try and have the suit dismissed.
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