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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102368
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in the state of Maine,in 1995 I took a loan through

Customer Question

I live in the state of Maine,in 1995 I took a loan through Jayco Corp. for a car. I defaulted
on this loan due to loss of employment,car was repossessed. Now accompany called A.R.A.
out of Illinois called saying I owe 18000.00(interest accrued) on this loan and they are
taking me to court.I looked up the statue of limations for Maine which is 6 years.Their last
call was on the 28th of July. Not sure if I should get legal help or send them a registered
letter stating statue limatations,or ignore them. I have not received any information for
over 15 years. Thank you for your time.
Submitted: 2 years ago.
Category: Legal
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.
I am sorry to hear about this situation.
1) The statute of limitations in Maine is six years, as you already know. At this time, they can no longer file suit.
2) They can call and ask for money. However, they cannot file suit (per above), or, file (or rather, they should not file) this with one's credit report (too late). As such, it is like a dog with teeth. They can bark, they cannot bite.
3) In fact, threatening to sue is ILLEGAL if it is impossible to do so. See here: "Threatening arrest or legal action that is either not permitted or not actually contemplated."
4) Doing so is a violation of the Fair Debt Collection Practices Act, and is a $1,000 fine per occurrence. Someone in your situation may wish to speak with an attorney because at this time, it seems that someone in your situation has a stronger case AGAINST THEM if the unlawful threat can be proven, then they do against you.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.