Legal Question in Credit and Debt Law in New York

1996 - 1998 Auto Loan
I just received a call from an attorney's office stating that if I did not settle on an agreement to repay the principal amount of an auto loan, then I would have a court date and a judgement issued against me. The attorney stated that there was no time limit on persuing payment on an auto loan. Is this true? Does my situation fit within the statute of limitations?

Thank you in advance for your response!

Asked on 6/17/08, 12:12 pm

2 Answers from Attorneys

Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

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Re: 1996 - 1998 Auto Loan

The statute of limitations on contract actions is six years, usually from the date of last payment. Most likely the creditor is attempting to collect on a deficiency claim, which is the amount due after a vehicle is repossessed and sold at auction. The statute of limitations is an affirmative defense to an action, not a complete bar to bringing a lawsuit - i.e. a defendant must raise that defense in the answer to the complaint. You may have other defenses to the action even if it is within the SOL period. Contact my office directly if you would like to discuss further.

Answered on 6/17/08, 12:33 pm

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Frank Loscalzo Law Office of Frank Loscalzo

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Re: 1996 - 1998 Auto Loan

A car loan is just another contract, and the statute of limitations is 6 years.

If you defaulted on the car loan over 6 years ago, the attorney misrepresented the character, and legal status of the debt, and threatened you with an action he could not take and/or had no intention of taking. These actions are in violation of the FDCPA.

I represent consumers in the New York City / Long Island Area. If you have any specific questions, or would like to discuss bringing an FDCPA action please call or email.

[email protected]

Answered on 6/17/08, 4:40 pm

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