Legal Question in Credit and Debt Law in Missouri

Car Repossion

I just recently received a call from my ex husband saying that a collection agency is going to put a lien on his property for a car that we had repossed in 1998 he is remarried and they are threatning to take us to court after all this time if we dont pay them a settlement of 5800.00 in 2 weeks and they said that he whole settlement has to be recieved or the deal is no good I can pay my half but he cant pay his and they wont work with that. Its been 10 years can they still come after us and put a lien on property that he doesnt own. We were married at the time of the repossion and he thinks that he was only the cosigner on the loan and also doesnt feel he is responsible for half. So I guess what I am wanting to know is what is my legal rights after all this time has passed? Thank you


Asked on 3/12/08, 4:45 pm

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Car Repossion

There is a good chance that the claim is barred by the statute of limitations. Depending on when the repossession took place, and when the last payment was made, you may not have to worry.

You need to find out when the last payment was made on the account. If it was made before today's date in 1998 (or earlier) then even if the car wasn't repossessed until a little later, the claim is barred by the statute of limitations. The statute on a claim for payment of money under a contract is 10 years.

If you don't have the payment information, find a way to get it. If you have old credit reports, they may show the date of the last account activity. Either way, you should definitely find out about this before making any payments. If you send a payment now, you may restart the statute, so DONT send any money until you verify the date they received the last payment.

Good luck.

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Answered on 3/12/08, 5:52 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Car Repossion

You might have a valid defense to the lawsuit if they sue you based onthe statute of limitations. If I were you, I would hire an attorney and let your ex worry about himself.

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Answered on 3/13/08, 11:04 pm


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