Legal Question in Credit and Debt Law in Michigan
Auto loan deficiency Statute of Limitations
I was served with a summons & complaint last week (6/04) (auto loan deficiency) Vehicle was repoed @ 1/98, loan originated 5/97. Is this past the SOL?? What do I do??
2 Answers from Attorneys
Re: Auto loan deficiency Statute of Limitations
Perhaps. If you're planning to 'go it alone' you may want to consult the Michigan statutes in regard to debts owed. You should call an attorney ASAP.
Re: Auto loan deficiency Statute of Limitations
With the limited information you have provided it is difficult to determine all statutes of limitations that could come into play in your situtation. If it only related to a contract claim that Michigan's statute of limitations is 6 years from the date of the breach or arguably from the reafirmation. In addition, generally, when someone is served with a complaint it should be answered within 21 days of service. If the complaint is not answered, the plaintiff may have a default judgment entered against the defendant. If there is a complaint filed against you, at a minimum. you should speak with an attorney to discuss your options. If your car has already been repossessed, then you may want to consider bankruptcy. I offer free consultations. If you would like to discuss your situation in further detail, call me at 586-979-7302
Janet M. Ziulkowski
(586) 979-7302
(www.ziulkowskilaw.com)