mindgame Posted August 7, 2008 Report Share Posted August 7, 2008 for a written contract. Does it stand to reason that 4 years from the date of my last payment for the vehicle they can no longer repo? Or just have to stop collection activity? I already posted another thread about the fact that they filed a 1099c on me. Link to comment Share on other sites More sharing options...
Ahntara Posted August 7, 2008 Report Share Posted August 7, 2008 SOL provides a time limit on a valid lawsuit and details the ramifications if judgment is granted. But it's not automatic. If someone sues you post-SOL, the law gives you an affirmative defense (that you must you raise it in court). SOL should'nt have any bearing on repossession of security, but it MAY. You should read both your loan contract and your state's statute(s) to be sure. If the security hasn't been repossessed yet, it's unlikely that anyone wants it. The lender holds you liable for the full balance of what's owed plus fees & interest. Repossession and subsequent re-sale of the vehicle may have lowered that total, but is unlikely to lower it at this point. It would depend on the specifics.SOL also has no bearing on collection efforts, which have no legal time limits unless you reside in one of the 2 states with a Statute of Repose. SOR details that once SOL has expired that the debt is extinguished also. PA is not one of those 2. Link to comment Share on other sites More sharing options...
jq26 Posted August 8, 2008 Report Share Posted August 8, 2008 Agree 100%.The lien is still on your vehicle. It can still be repossessed.They can attempt to collect.Should they sue you (personal liability for the loan), then you would invoke the affirmative defense that it is beyond the state staute of limitation. Link to comment Share on other sites More sharing options...
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