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which last name?


Nessa_r4
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So, I bought a car through Toyota Financial Services, I have since gotten married and the car got repossessed. I am now getting a collection agency sending me a bill, and they have my new address but my maiden name.. Now I want to send a validation letter back to them, but I am wondering, can I still use my old last name? Am I still allowed to sign with it? I don't want them to find out my new one because it'll make it easier for them to come after me.. Also, because I got the car before I was married, are they allowed to go after my husband for this? I do not work, but he does, can they get his money?

Thank you

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You're not signing a legal document, you can sign however you want. As for whether they can come after the husband will probably depend on the state. Some make a distinction about about debt incurred before marriage. Texas has some very pro-consumer legislation out, it may be one of them.

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I bought the car in California, where I used to live. I then moved to Texas and it got repossessed here. So, which state would apply? I know they have common property thing, where husband and wives things apply to both, but I got the car before I was married.

I also have a question about SOL. In Cali I know its 4 years, can't remember TX, but I know I had defaulted in 2006 for the first time. I then made a deal with them in beg. of 2007 where I sent two payments and they deferred my other missed payments to end of contract, and I signed a paper and agreed. I think I made one more payment after that then never paid again. So, would my first delinquency in 2006 count, or since I made a deal with them, is the new 1st delinquency in 2007?

One more thing, does anyone know how Toyota Financial is about collecting? Will they most likely sue me? I have no income, could I file bankruptcy if they did?

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You mention a collection agency then you mention Toyota finance, which one is it that is contacting you? Has the debt been sold or assigned? You need to spend a little time reading the forums and getting clear in your head who is who and what are they doing? When did what happen exactly? It makes it easier for you to get relevant advice.

For what it is worth the name is a bit of a red herring. You are the same person.

Also read this

http://www.whychat.5u.com/repoltr.html

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I had a vehicle through Toyota Financial. It was repo'ed in approximately September 2004, but wasn't sold at auction until January 2005. I got a few calls from Toyota after it was sold and I told them that I disputed the deficiency. They kept asking if I was refusing to pay, I told them I wasn't refusing I just didn't believe that I owed them that much money and, in any case, I didn't have the money to pay. They left me alone and no one bothered me about it until a JDB started sniffing around shortly before the SOL was due to expire. All they did was call and threaten me, never sent any dunning notice. The one time I talked to them I kept asking them about the SOL and what they knew about wage garnishment in PA. I guess they figured I knew too much because after a few more weeks of auto-calls they gave up.

I may have been fortunate in that there's no wage garnishment in PA for these things (only taxes and child support), so since they couldn't hold that over my head and I didn't have anything else they could go after they didn't bother.

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Okay, The collection agency was just assigned. Toyota still owns it, they did not sell it. I do not know what the difference would be if they are assigned it, or bought the debt.

I also did not know that the SOL starts from when the car was sold at auction. That is very disappointing. I was hoping I'd be further in.

And I'm glad to hear that Toyota didn't go after the last poster further. It's good to hear. I just don't know what they're going to do with me... Are they allowed to take from my checking or savings if needed? I don't work, so all the money is my husband's, but the accounts are in my name also.

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