Legal Question in Credit and Debt Law in West Virginia

Statute of Limitations

Am being harassed at work by telephone for a repossessed auto loan in 1997 in South Carolina. What is the statute of limitations on auto repossessions?


Asked on 6/02/04, 9:12 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Statute of Limitations

First of all, do not allow yourself to be harassed. Get the street address or fax number of the collector and send him a letter, by certified mail, or by fax, that tells him to stop contacting you at work. Under the Fair Debt Collection Practices Act, he must cease contact with you.

Second, your statute of limitations may well depend on a local interpretation of a local statute, and I cannot assist you with that. You'll need a VA attorney to do that. However,be sure you do not send the collector any money, because partial payment in some instances waives the statute of limitations defense.

If you cannot afford an attorney, legal aid may well assist you.

Good luck.

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Answered on 6/04/04, 9:51 am


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