Legal Question in Credit and Debt Law in Florida
auto repossession statute of limitations
I voluntarily surrendered my vehicle in feb.2001, the collection agency continues to call for payment of remainder of the loan after resale of the car.
Has the statute of limitations for the contract on the loan ran out after five years, and can I request the collection agency stop calling me? the actual loan company does not call and has charged off the debt on my credit report.
1 Answer from Attorneys
Re: auto repossession statute of limitations
Whether or not the statute of limitations has run depends on various factors. The limit to sue you UNDER FLORIDA LAW is 5 years, BUT it can change based on the "state" law stated IN THE CONTRACT -- which is not always Florida law.
With respect to the debt collection, you can send them a letter certified mail/ return receipt which states that you refuse to pay because the statute of limitations has run or that they need to stop contacting you. If they do continue to harass you OR THEY SEND YOU ANY FURTHER LETTERS ATTEMPTING TO COLLECT ON THE DEBT, then call my office and we will be able to sue them for violating the Fair Debt Collection Practices Act. If I take your case, I only recover my fees if I win your case. For more information, please visit my web page www.FLORIDACREDITLAWYER.com. Under "articles" I have written a lot of information for consumers like you to recover their credit and to learn their creidt rights. Anything else, just call my office for a free consultation 305.860.1221.
Samira Ghazal, ESQ.
For the Firm
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