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RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 13499
Experience:  Experienced in multiple areas of the law.
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A company is trying to sue me for a car they repossessed

Customer Question

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: 6 months ago.
Category: Legal
Expert:  RobertJDFL replied 6 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 6 months 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.

Expert:  RobertJDFL replied 6 months ago.

I, like the other Experts on this site, am here to assist customers like you. However, we do so in anticipation of being paid for our efforts, just like other professionals do, since this is our livelihood and not a hobby. To that end, I am more than happy to clarify my answer to you and answer any related follow up questions that you might have. In return, I ask that you show good faith in compliance with the Terms of Service by accepting my answer, whether the news is good or bad, so that I will be paid for my efforts. Thank you!