Legal Question in Credit and Debt Law in Florida

repossesion

My husband and I bought a car and volentarely returned it. They sold it and are trying to collect the remaining money owed on it. My husband just died and I don't have 17,000 to pay this dept with a Attorneys office. What do I do now? My husband was first signer and I was second on the loan.Can they collect this dept from me? I tried to set up payments they want the whole ammount and told me to borrow it from someone.


Asked on 3/04/06, 9:58 pm

1 Answer from Attorneys

Samira Ghazal Ghazal & Gomez, P. A.

Re: repossesion

To collect from you they have to file a cause of action AND win against you. I understand this is a difficult time for you, but you are not alone. As hard as this time is, you have to move forward...

Remember, if you get served DO NOT ignore it, because they will win be default and matters will only get worse.

If you were a co-signer you are liable, but they still have to comply with the law -- for example file a law suit within the statute of limitation period.

I am seeing more and more law suits filed AFTER that time has run. Clients always refer to Fla. Stats. Sec. 95.11 and ask if that limit is 4 or 5 years? Well, as in everything with law, it depends. If it is based on a written instrument, it is 5 years. An implied agreement is 4 years. The contract can state that the governing law is from another state and it may then be more!!! The answer is on a case by case basis and must be legally reviewed.

If you are getting harassing phone calls from a debt collector, please call me immediately.

If you would like to just discuss your case, please call my office. All consultations by phone are free of charge.

My phone is 305.860.1221.

Samira Ghazal, ESQ.

GHAZAL & GOMEZ, P.A.

For the Firm

www.FLORIDACREDITLAWYER.com

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Answered on 3/05/06, 3:40 pm


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