Legal Question in Credit and Debt Law in Florida

Statue of Limitation on car loans that are repossessed

In 1986 I was sent to prison for a period of 5 years (did 18 months), I was released in Nov '87. During the time I was incarcerated my ex-wife let our car get repossessed. I'm now getting letters and phone calls daily from a collection agency. What is the statue of limitations of this type of loan and how do I handle the phone calls the this individual keeps leaving on my answering machine? Should I ignore, the 1-888 number that this person keeps leaving? Also, I know at one time the bank that we got the loan from was bought up by Barnett Bank. As far as I know this debt is not showing up on my credit file. Should I be concerned that it will show up now?


Asked on 7/19/06, 1:20 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Statue of Limitation on car loans that are repossessed

The Statute of Limitations has long run. Dispute the claim in writing.

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Answered on 7/19/06, 6:08 am
Lorne Cabinsky Law Offices Of Lorne S. Cabinsky, P.A.

Re: Statue of Limitation on car loans that are repossessed

The statute of limitations is 4 years on a document that is not signed and 5 years on a document that is signed. If they keep calling you, you need to contact a lawyer.

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Answered on 7/19/06, 9:19 am
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Statue of Limitation on car loans that are repossessed

Based upon your statement, the s/l has run. You may now have a claim against the debt collector and agency for violations of the Fair Debt Collections Practices Act. See a competent attorney in your area.

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Answered on 7/19/06, 3:05 pm


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