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ways to get a repo off CA


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I had a truck that was repoed. J D byryrder It broke down and i refused to pay they never fixed it so didn't pay.

The account was opened in 2003, shows a charge off and they continue to report on my CR with a big CO

The never contacted me about this debt I never got a dunn or a court summons or anything they just keep reporting it.

I would like to get it removed but I dont want to open a can of worms and then they decide to pursue it further.

Any ideas how to approach this.

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There are a lot of good posts in this forum about that. I can't remember the persons name but someone on here is pretty knowledgable about the UCC laws pertaining to what the OC had to go through to get a deficit judgment against you and if they didn't jump through all those hoops, they can't collect.

And if they can't collect, they don't have a debt to sell to a CA.

So do a search for UCC or repos and read all those posts, then make sure you look up the exact steps for your own state.

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In those other posts I mentioned, the person states that under the UCC the statute of limitations (sol) for legal action to collect is 4 years and in addition, the creditor has to do many things correctly to even get the deficit judgement for the difference from what they sold it for and what you owed.

Of course, you need to find that and read it for yourself and then look up the same information in your own state statutes.

Most judgements are gotten just because the person doesn't know their rights, the law or just doesn't show up or know about it until it is too late.

BTW, by CA I meant collection agency.

If it is beyond 4 years and beyond the time limit on your own state sol (if they are different) since the date sale and they have not gone to court yet, you could just sit back and contact no one, if they sue, you could motion to dismiss by stating the affirmative defense of out of SOL.

If it is still within the SOL, then you could find the steps that the original creditor had to do to get a legal deficit against you and if they didn't do all those steps and can prove it, you could use that as a defense.

I would find this all out and not contact any collection agency at all until I knew all this.

Just a suggestion. I am not an attorney and advise you to seek help from an attorney.

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I found this on my states web site for Indiana

IC 34-11-2-9

Promissory notes, bills of exchange, or written contracts for

payment of money

Sec. 9. An action upon promissory notes, bills of exchange, or other written contracts for the payment of money executed after August 31, 1982, must be commenced within six (6) years after the cause of action accrues. An action upon promissory notes, bills of exchange, and other written contracts for the payment of money executed on or after September 19, 1881, and before September 1, 1982, must be commenced within ten (10) years after the cause of action accrues. However, all contracts described in this section that have been executed before September 19, 1881, may be enforced within the time only as they have to run, before being barred under the law in effect at the time of their executions limiting the commencement of actions, and not afterward.

I also found this.

Senate bill 0383 dated Jan 19 2006

Section 16 paragraph (g)

A motor vehicle title lender may not sue a borrower for a deficiency balance unless the borrower commits fraud or wrongfully transfers interest in, damages, or hides the vehicle whose title secures the motor vehicle title loan.

So I guess will wait a few more months then get it off my CR.

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I think you are on the right course...at the vey least, I wouldn't rock the boat until you now for sure that the SOL has past.

If it's a big issue you then I'd get an attorney who knows the law in IN to look over the facts and give an opinion.

The "four years SOL under UCC" law mentioned aboove only applies in the event that a state hasn't passed its own laws (most states have).

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