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A company is trying to sue me for a car they repossessed

Customer Question
back in 2011. Isn't...
a company is trying to sue me for a car they repossessed back in 2011. Isn't the statute of limitations over?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: florida
JA: Has anything been filed or reported?
Customer: yes they are suing me
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 year ago.Category: Legal
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Answered in 3 minutes by:
1/6/2017
Lawyer: RobertJDFL, Attorney replied 1 year ago
RobertJDFL
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Lawyer: RobertJDFL, Attorney replied 1 year ago

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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Lawyer: RobertJDFL, Attorney replied 1 year ago

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