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What is the statute of limitations in the state of for a…

What is the statute...

What is the statute of limitations in the state of KY for a company suing you for the repossession of an auto. This debt has been sold through 5 debt collectors of which I have not been contacted through any of them except the most recent, auto vest LLC.

Lawyer's Assistant: Can you tell me what state the LLC is registered in?

The only address I can find is Michigan

Lawyer's Assistant: Has anything been filed or reported?

They’re attempting to sue me in a civil case with their attorneys, Slovin & associates, I received a copy of a letter today requesting courts to have it moved to Hardin county Ky, which is where I live.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That I made a payment deal with auto vest, they assured me I would not be sued if I done so, now I am receiving this letter that their lawyers are proceeding.

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Answered in 1 minute by:
1/21/2018
Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 2,387
Experience: Attorney with over 25 years experience
Verified

Hello. Let me see if I can assist. Give me a moment to review and type my response.

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Customer reply replied 6 months ago
Ok
Customer reply replied 6 months ago
No phone calls please

No-you can ignore the phone request. that is sent by the system, not me.

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Statute of Limitations --Kentucky law on written contracts allows creditors fifteen years to sue a Kentucky resident from the date of default. Assuming it was a written installment loan agreement. When was the date you made your last payment?

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Customer reply replied 6 months ago
To the loan company I bought the vehicle through or the collection agency?

the original loan company - that is when the statute of limitations starts to run.

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Customer reply replied 6 months ago
Not completely certain, but it was the year 2014

After the car was repossessed, did the original loan company sue you or get a judgment for the balance due on the car?

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Customer reply replied 6 months ago
No
Customer reply replied 6 months ago
The debt was sold through 4/5 different debt collectors, I am just now being contacted.

What did the letter say from the debt collector? I am always very leery of debt collectors. when was the first letter you received from a debt collector?

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Customer reply replied 6 months ago
About 1 month ago I received the first letter, shortly after came a letter from an attorneys office. Slovin & Associates. The debt collection agency (Autovest) assures me if I made an arrangement of 150$ at minimum, they would not continue with suing me, they said when I get served the civil action, to accept it. I haven’t been served anything yet, but I did receive a letter in the mail yesterday that was a copy of motion to move the case to Hardin county KY from Jefferson County Ky
Customer reply replied 6 months ago
I am a single mom, I finally got a good job that pays good. And now someone is trying to sue me. Should I hire an attorney? I was thinking of filing bankruptcy on it.

did you dispute the debt in response to the first letter? Debt collectors have to abide by the fair debt collection practices action. They cannot harass you or intimidate you. They may not actually being suing you -just threatening.

Is there a civil case filed in Jefferson county? did you check to see if there was a lawsuit? Did you receive a copy of the motion? I would not go out of your way to accept service. If they were accepting payments, they should not be suing you.

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Customer reply replied 6 months ago
The payment deal was to keep them from suing me. They said if I done the payments until I could settle the debt in full, there would be no court proceedings, no suing.
Customer reply replied 6 months ago
Matter of fact they said it wouldn’t even be filed
Customer reply replied 6 months ago
I didn’t dispute the debt, that’s how I found out it had been sold through 4/5 diff debt collectors

Appears as if there is a lawsuit. Where you served with process in the Jefferson County case? Am guessing not - because they filed in the wrong county. If the lawsuit is moved to your county (which is required under KY law),you are entitled to defend the action. You are entitled to claim payment as a defense. They, of course, did not stick to their word. Do not make any more payments now that they are suing you.

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Customer reply replied 6 months ago
I was not served anything by a sherriff or through certified mail regarding this matter.
Customer reply replied 6 months ago
The debt collector insisted I accept the papers when they are served, that conversation was the end of November. I agreed to start making payments on Jan 30 2018. I have not been served anything as of yet
Customer reply replied 6 months ago
But like you said it seems like there is already a civil case in existence.
Customer reply replied 6 months ago
Should I seek legal council in my area to handle this?
Customer reply replied 6 months ago
Also, I wanted to ask Auto Vest and their attorneys to send me copies of all the paperwork where they bought the debt from another debt collection agency. Am I entitled to this paperwork?

They have already filed suit. I would not make the 1/30/18 payment since they did not honor the deal. You did not get served in Jefferson County so you don't need counsel yet.

Once you are served, you will need to file an answer to their complaint in Hardin county.

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Customer reply replied 6 months ago
How do I do that ?

If you have not written a letter to the debt collector/lawyer yet - you can do so. If you don't dispute the debt in writing it is deemed valid. At this point - you don't know how much they are claiming you are owed.

Recommendations:

Request a written letter validating the debt. If you received a letter from a debt collector that informs you that you can seek validation of the debt within 30 days, then do just that. Seek validation and hold the debt collector responsible for providing you proof of what you owe.

  • Even if you are outside of that 30 day period, that does not prevent you from disputing the debt. You can still dispute it and you can do so by writing a debt dispute letter. If you do, that triggers a requirement of the debt collector to make note of that dispute if they ever report the debt to a credit bureau.

As to a complaint - you can hire an attorney or send a letter to the court/judge disputing the debt and denying that you owe the amount they claim.

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Customer reply replied 6 months ago
Thank you for all your help.

Sample letter:

TO DEBT COLLECTOR: CEASE AND DESIST LETTER - WITH DISPUTE OVER DEBT (Demand for Validation)

Your Name
Your Address
City, State, Zip

Date:

Name of the Collection Agency
Address
City, State, Zip

Re: Acct #XXXXX

Whom It May Concern:

This will serve as your legal notice under the federal Fair Debt Collection Practices Act (FDCPA), to cease all communication with me in regard to the debt referenced above. Do not contact me, or any third parties regarding this debt.

Furthermore, I formally dispute the validity of this debt. Please provide me with documentation that supports why you believe this debt belongs to me, and why you believe I owe this amount. Please send me copies of the original application for this account, any signatures associated with this account, any bills associated with this account, etc.

You are also notified that should any adverse information be placed against my credit reports, appropriate actions will be taken under the federal Fair Credit Reporting Act (FCRA).

Thank you for your attention to this matter.

Sincerely,

Your Name

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Customer reply replied 6 months ago
I’ll have to get the address for the debt collection agency.
Customer reply replied 6 months ago
Thank you so much

did you get the letter from the attorneys or the debt collector?

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Customer reply replied 6 months ago
The one I got yesterday was from the attorneys

Address the letter to them.

Please be sure to accept my responses and post a positive rating.

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Customer reply replied 6 months ago
How do I accept the responses

There should be an "accept " button to click. If not, clicking on the 5-stars will accept and give me a rating.

Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 2,387
Experience: Attorney with over 25 years experience
Verified
Lori and 87 other Legal Specialists are ready to help you
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Customer reply replied 6 months ago
Ok thank you for all your help.

You are welcome.

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