Legal Question in Credit and Debt Law in Maine

Can I be sued for a more than 7yr old loan?

I had a loan for a car. I was in an accident and it was totaled. The credit union had insurance on it and told me at that time that the loan would be paid by the insurance. Later they told me I owed 2,000 I never paid. It was on my credit report for a while but it has been removed now. I have been contacted by a loan officer from the credit union and he says that they are now going to sue me for 2000 plus 2000 interest. They will settle for $2000. I don't have the money. Can they actually do this?


Asked on 4/03/98, 12:56 pm

1 Answer from Attorneys

I just got this message. Did noone else apply?

My answer is "I don't know." But don't let that stop me from opining.

If you've owed the money for 7 years, it might indeed be too latefor them to enforce it. My state's laws say that a contract underseal may be enforced for 20 years, but other written contracts may only be enforced for 6 years EXCEPT Uniform Commercial Code (UCC) contracts, which yours may well have been. Unfortunately, I don't know what the UCC gives as a statute of limitations.

I think you should take that information to a lawyer up thar in them thar woods! I'm not qualified to give info about ME's laws,really, but there's a shot you'll have a winner and could beatthe bill.

Was the car underinsured? Was that a deductible, the $2000? Even if it was, it looks like the insurance company decided to paythe loan bill minus the deductible instead of paying the value of the car minus the deductible, and that'd be an unusual coincidenceif the car were worth only and exactly the same as the loan outstanding. Inurance co. may be responsible for a little more yet, but then that claim may be outside the statute of limitations by now,too! Better see a real MEan lawyer.

Good luck.

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Answered on 4/16/98, 11:08 am


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