Legal Question in Credit and Debt Law in Utah
statute of limitations on sales contract
i received a phone call today on a bill of sale that was done for a guitar for my exhusband in 1996. the last payment was made in march of 1997. our divorce was finalized in feb. of 1997. the company has threatened to file a judgement against me for the balance of 1800.00 which they say is finance charges and late fees...can they do that after 10 years? my ex still has the guitar, and they have contacted him and told him that he is in possesion of stolen property...i don't understand why this would come up now, after ten years. also, my divorce doesn't mention the guitar, it was financed back in 1996 under my name, but he made the payments on it after our divorce. what do i do? has the sol ran out on this, or is there other avenues this company can take?
1 Answer from Attorneys
Re: statute of limitations on sales contract
The SOL has probably run, the creditor has 8 years to file suit from the last payment. These collection practices violate the Fair Collection Practices Act, and you have protections under that Act. You may call for a free consultation.