Legal Question in Consumer Law in Texas

Repossesion

1996 car repo, ford tempo total amt of loan appoxy 5600.00 if I remember. approxy 1100.00 bal remaining. was called and told it would be sold at a auction in ten days or I could pay bal, I did not have bal to pay. recieved call from loan company, was sold for 900.00. bal remaing 300.00. I did not have this. was told they would sue. never heard from them again. 2002 recieved call saying bal due is 1645.45 + accuing interest. sent lettr request info from crdt agency. told if info sent total bal would be due on demand. told them would not pay until I see info. this has been 7 yrs and I did not keep any paperwork from this, since the car was taken, and I never heard anything from them, did not think I would need it. would the loan company still have my paymnt records? and am I entitled to recieve them?


Asked on 4/21/02, 5:15 am

1 Answer from Attorneys
Kevin Michaels Law Offices of Kevin R. Michaels, P.C.

Re: Repossesion

You are entitled to see the information if that information is the basis on which you may get sued. However, a more important issue is the fact that the car was repo'd in 1996 and the company is attempting to collect the deficiency from you in 2002. The statute of limitations may bar them from suing you. You might want to mention that to them next time they call you. You should also send a letter to them disputing the debt based on the limitations and claim that they waited too long to sue you and see what kind of response you get from them.

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Answered on 4/22/02, 9:48 am


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