Legal Question in Credit and Debt Law in Georgia

Third Party Notification

I am being sued as a third party guarantor by a debt relief company in GA for an auto loan that is 10 years old. The sales contract was made in georgia and the company bought it in a ''bulk sale'' in florida five years ago. I did not receive any notifications by bank or new contract owner that loan was ever in default or auto was repossesed. UCC laws say I should have been notified, the Judge isnt sure. Should I have been legally notified? Also, any other rights violated here?


Asked on 2/21/05, 3:20 pm

1 Answer from Attorneys
Phillip A. Strickland Law Offices

Re: Third Party Notification

If the amount involved makes the matter worth it, you should contact an attorney. There appear to be many issues, including a statute of limitations question. A more detailed answer would require a careful read of the sales contract. The notice issue will more than likely turn on how 'reasonable' their efforts were to give you notice. If they did all that was required of them legally then your actual notice wouldnt be necessary under the contract. However, any litigation would require notice [typically personal service] and an opportunity to hear on the matter.

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Answered on 2/21/05, 6:21 pm


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