Legal Question in Credit and Debt Law in California

repo lawsuit

My husband is being sued for a truck that was repowed over ten years ago. He co-signed for his mother to builde his credit. He was only 18 then. She never paid the charges and lives out of state so they have threatened to garnish his wages. They have doubled the origanal amount. Is there anything we can do to stop this from happening or at least not be responsible for the entire amount? His mother refuses to settle with them. They are telling us since she is out of state they can't garnish her wages. Is this true? We are not in the position to lose any of our income. Please advice us if there is any hope for our situation.


Asked on 8/07/07, 7:48 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: repo lawsuit

If the car was repossessed that long ago, the debt is most likely barred by the 4-year statute of limitation. Attempting to collect on a time-barred debt is a violation of the federal Fair Debt Collection Practices Act and you might have a viable claim. Feel free to contact my office for a consultation.

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Answered on 8/07/07, 8:04 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: repo lawsuit

It sounds like you have a valid defense in the statute of limitations. You should consult with an attorney and DO NOT file any papers until you talk to an attorney. If you file something, you may lose your defense.

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Answered on 8/07/07, 9:15 pm


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