Legal Question in Credit and Debt Law in California

summons for a vehicle repo'd 4 years ago

I received a summons that a law suit was filed against me for a vehicle that was repo'd four years ago. The vehicle was taken May 8, 2001. Hasn't the statute of limitations run out to pursue litigation?


Asked on 10/30/05, 8:07 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: summons for a vehicle repo'd 4 years ago

You can argue that. They will argue that it ran when they sold the car and you had a deficiency. Have a lawyer write them a letter telling them the statute of limitation has run and that they're violating the Fair Debt collection practices act. If nothing else, you should answer the complaint within 30 days of its service on you and use that as an affirmative defense or, alternatively, demurrer to the complaint if it's stated in the complaint that it was repossessed in May '01.

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Answered on 10/30/05, 8:37 pm


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