Legal Question in Credit and Debt Law in North Carolina

Lawsuit pending from reposessed vehicle

Recently contacted for the first time regarding vehicle that was reposessed 12 years ago. Collection agency threatening lawsuit for difference owed from auctioning of vehicle vs. remaining balance. This is the first time being contacted since repo of vehicle. What are my rights? Can they do that????


Asked on 7/30/08, 8:26 am

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

Re: Lawsuit pending from reposessed vehicle

I would guess the creditor may have a statute of limitations problem. Basically, do some research on that issue and if they call again, take down all the information - who called, name, address, company, phone number, exactly what they say. Send them certified letter return receipt requesting verification of debt and asserting statute of limitations. Look up fair debt collection on google to find some websites that can help with sample letters. Depending on what they say or do, you may have counterclaims for violations of Fair Debt Collection Act.

- Jeff

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Answered on 7/30/08, 9:57 am


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