Legal Question in Credit and Debt Law in Alabama

Old reposession, acting to pay up

My wife had a car repoed before we were married in 3/97 or 3/98, can't remember the year, info at home. We have heard nothing from the bank asking for us to pay on the shortfall of the loan until now. Is there a staute of limitations on how old a debt is? This creditor is calling and wanting money. I do not know the original amount or how they came up with the amount of what they say we owe. I will fire the collector per the Fair debt collection Practices act to be able to get this info, but I was wondering why they are contacting us now and what actions I can take and if this debt is too old.


Asked on 11/11/03, 5:38 pm

1 Answer from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Old reposession, acting to pay up

There is a six year statute of limitations on a contract action, which is what this is, and it could be ten years if your wife signed the contract "under seal". In order to determine if it was under seal, you would look at the signature line. If it says "under seal" near her name, then it will be ten years. They will settle this for less than they are claiming. I would make them jump through all the hoops to make them show you where they sent the proper notices to your wife, where the vehicle was sold, how much was received, how they calculated the deficiency, provide all relevant documents, etc.

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Answered on 11/12/03, 9:24 am


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