Legal Question in Credit and Debt Law in Alabama

Statute of Limitations

Vehicle repossed in October.....

May, payment mailed to bank, payment cleared

June, payment mailed to bank, payment returned, bank says account zero balance

October bank repossessed vehicle, says payment not made in 10 months, we have proof of every payment except April payment.

Bank sold the vehicle at auction wants us to pay unpaid balance.

what is the statute of limitations to sue the bank? or can we even sue the bank. We are looking for compensation for truck and emotional distress over having truck repossessed when we made all payments.


Asked on 1/16/04, 3:59 pm

1 Answer from Attorneys

Fred Wood Fred Wood & Associates LLC

Re: Statute of Limitations

The statute is usually 2years from the date of the event; that is two yrs from the repo.You say in one place you made all payments;in another it says April not made; its unclear about Oct. return so that whole thing has to be settled. However, some banks will do things they aren't allowed to simply because they think you won't follow up. Also, if you live in the right part of the state, there is a bank that has done a lot of things that are wrong and they are starting to be sued a lot. Check around area.If you know someone who works in the circuit clerks office ask them; but try to find the best lawyer around for this type thing and go talk to them. Take all your documents and try to have your story organized when you get to your appt. Take ALL papers that relate to this loan or this truck. The worst thing is to have to say yes I have it but its at home. Most any lawyer will try to help you. If you don't get help, look in the yellow pages. The Ala. State Bar has an add with a toll free number. Call it and tell what kind of case you have. They will refer you to a lawyer in your area who does this sort of thing. I hope this helps. If you ever have anyone killed or seriously injured in an accident, give me a call. I do this type work all over the South. Fred Wood & Associates LLC. [email protected]. http://fredwoodlaw.lawoffice.com

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Answered on 1/17/04, 1:32 am


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