Legal Question in Credit and Debt Law in Nevada

Statute of Limitation on Debt collection

My Wife and I co-applied for an auto

loan in 1997. We got divorced that

year and the car went to her, per the

divorce decree. She had the car

repossessed and then filed

bankruptcy. 10 years later, I get a

collection notice for the vehicle.

What is the statute of limitations on

that debt, and does the original

contract supersede the divorce

decree?


Asked on 4/21/08, 8:26 pm

1 Answer from Attorneys
Paul Malikowski Malikowski Law Offices, Ltd.

Re: Statute of Limitation on Debt collection

Nevada law places a higher priority on the written contract, because the auto lender did not have a voice in the divorce case. The usual limitation period on suing on a written contract is six (6) years from breach; many exceptions extending this affirmative defense may apply. Vehicle deficiency liability is subject to special, pro-consumer rules.

Your attorney can advise further.

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Answered on 4/21/08, 10:26 pm


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