Auto Loans How long after a repossession before they can no longer legally pursue you for collections. (SOL)

[MrDante1974]

Jurisdiction

Texas

I had a vehicle repossessed in 2012. In July of 2018 I had a collection office trying to serve me a subpoena for small claims but at the wrong address. He told me that the statute of limitation was due to run out in October of that year. So if I have that collection office calling me today September 11 2019 trying to take me to small claims court over the vehicle, am I still within that (SOL) and need to worry about legal proceedings or has the time run out to where they can no longer take any legal action against me?

 

[PayrollHRGuy]

The SOL in Texas on a contracted debt is 4 years. Unless there was something else that kept it open that should have run from the date of the repossession or shortly after.

But that doesn't mean you should ignore it. If you are sued you will need to file a response stating that the SOL has run out.

 

[MrDante1974]

Thank you for that. The collector that called me in 2018 told me the statute would run out in October and that they could no longer pursue me legally after that even though I would still owe the debt. So I'm just curious as to why they would still be trying to take me to court over the matter nearly a year after that statute was supposed to have run out.

 

[PayrollHRGuy]

They may well think the "something else that kept it open" that I mentioned happened.

 

[MrDante1974]

Ok so if they do indeed take the matter to court (which I would not be attending) I'm guessing I will be notified by mail of the judgement? Is it at that point that I would need to respond with the SOL expiration and if so, do they provide a way to send that.... I mean by way of providing me with "if you wish to dispute" information

 

[adjusterjack]

He told me that the statute of limitation was due to run out in October of that year.

He lied. Don't ever believe what a collection agent tells you.

am I still within that (SOL) and need to worry about legal proceedings or has the time run out to where they can no longer take any legal action against me?

As long as you haven't moved from Texas since the repo, the SOL has run out. However, that doesn't stop the creditor from filing a lawsuit against you in the hope that you ignore it or don't answer properly.

The response that PayrollHRGuy refers to is called an "affirmative defense" which means you have to raise it in your written answer to the complaint if an answer is required or raise it in court as early in the session as possible if a written answer is not required. Nobody will do it for you and the Plaintiff has no obligation to mention it.

 

[adjusterjack]

Ok so if they do indeed take the matter to court (which I would not be attending) I'm guessing I will be notified by mail of the judgement?

100%, and dangerously, wrong. Once they get a default judgment against you, your SOL defense goes out the window. You don't get to raise it after the judgment.

If you get served, respond properly, go to court if you have to. Not attending is foolish

 

[MrDante1974]

They have been trying to find me but at all kinds of wrong addresses. Some from years ago, others I've never even lived at. So at this point I have never been served and I have not moved out of the state. Forgive me I'm new to this kind of problem so I'm uncertain of exactly what I have to do if I wanna resolve this. And honestly I really dont want to let them know where to find me....

 

[PayrollHRGuy]

It might be in your best interest to allow them to serve you. Even if that means calling them and telling them exactly where you are.

Because if they are allowed to use alternative service like posting in the newspaper you may not know about it and they may get a default judgment which as adjusterjack said will throw your SOL defense out the window.

 

[zddoodah]

if I have that collection office calling me today September 11 2019 trying to take me to small claims court over the vehicle, am I still within that (SOL) and need to worry about legal proceedings or has the time run out to where they can no longer take any legal action against me?

I don't really follow this sentence. What does "calling me . . . trying to take me to small claims court" mean? Did someone from a collection agency call you today? If so, did you speak with the person? What does "trying to take me to small claims court" mean? If a collection agency wants to sue you, it knows how to do it, and it doesn't get done by making a phone call (i.e., there is no "trying").

I also don't know what "am I still within that (SOL)" might mean. A statute of limitations ("SOL") is a law that states how long after accrual of a legal claim a lawsuit must be filed. Once that time expires, then it's a done deal (unless some exception applies). Of course, an SOL doesn't prevent the filing of a lawsuit. If you get sued and believe the SOL has expired, you have to raise the SOL as a defense and prove that it has expired.

I'm just curious as to why they would still be trying to take me to court over the matter nearly a year after that statute was supposed to have run out.

First of all, it's not really clear that the premise of this statement is true (i.e., it's not clear that anyone is "trying to take [you] to court"). Second, I hope it's obvious that no one here has any insight into the state of mind of your creditors or any collection agency. Third, the expiration of an SOL doesn't have anything to do with someone's ability to make a phone call, and it's not beyond the realm of possibility that (a) the SOL hasn't actually expired (i.e., the person who told you it was going to expire in Oct. 2018 might have lied or been mistaken), (b) you might not know that the SOL has expired or (c) you might be ethical enough to pay your debt despite the expiration of the SOL.

if they do indeed take the matter to court (which I would not be attending) I'm guessing I will be notified by mail of the judgement?

Maybe. Or you might be notified about it when your bank account or some other asset gets levied (you're fortunate that, in TX, wage garnishment isn't a possibility). If you get sued and are aware of it, why on Earth wouldn't you "attend" or otherwise defend yourself?

Is it at that point that I would need to respond with the SOL expiration and if so, do they provide a way to send that.... I mean by way of providing me with "if you wish to dispute" information

If you get sued, you should be served with a summons (not a subpoena) and a complaint. If it happens in small claims court, the name of the document might be slightly different. That is when you have an opportunity to defend yourself (by filing a responsive pleading or showing up at a hearing). If you wait until after a judgment has been entered, then you'll be SOL (and I don't mean "statute of limitations").

I'm uncertain of exactly what I have to do if I wanna resolve this. And honestly I really dont want to let them know where to find me.

Since it appears likely that the SOL has expired, you should have no problem being found, but that's really up to you. If you want to stick your head in the sand and hide, then you have no way of resolving anything. If you really want to resolve it, you can send a "go away" letter pursuant to the federal Fair Debt Collection Practices Act (which you can google for an abundance of information).

 

[mightymoose]

Ok so if they do indeed take the matter to court (which I would not be attending)

If you know about it, served properly or not, it is in your best interest to attend.

 

[mightymoose]

You are dealing with a collection agency. Your best approach is to be dead in their world. Don't respond in any way to them. Don't take phone calls, don't write letters... dead people don't do those things.
If you are served documents to appear in court then go, tell the court time has expired, and then go back to being dead.
The more noise you make and appear to be alive the longer they will pursue you.

 

[Zigner]

You are dealing with a collection agency. Your best approach is to be dead in their world. Don't respond in any way to them. Don't take phone calls, don't write letters... dead people don't do those things.
If you are served documents to appear in court then go, tell the court time has expired, and then go back to being dead.
The more noise you make and appear to be alive the longer they will pursue you.

What if they use an alternative method of service because they can't locate him? He'll lose by default.

 

[mightymoose]

There are ways to overcome that if it happens. They would have to establish to the court that reasonable other means had failed.
I do not advocate deliberately evading service which would complicate things unnecessarily, but simply not acknowledging the collector is harmless. Any process server worth their salt would be able to serve this.

By the sound of it this is likely just a collection agency trying typical scare tactics to get a payment. It is not uncommon for them to send official looking documents and make official finding phone calls to persuade payments.
They likely would not be contacting directly to serve legitimate documents. It is more likely they want to confirm information so they have more ways to harass and provoke a reaction that pays them. Playing dead is an effective way to get them to stop.

 

[army judge]

if I have that collection office calling me today September 11 2019 trying to take me to small claims court over the vehicle, am I still within that (SOL) and need to worry about legal proceedings or has the time run out to where they can no longer take any legal action against me?

You indicate above your post that your jurisdiction is Texas, yet your IP address reveals you MIGHT be posting from Alabama.

Please answer the following questions in order for YOU to receive more precise responses:

In what state did you purchase the vehicle in question?

On what date did YOU make the last payment on the vehicle?

In what state was the vehicle repossessed?

In what state do you reside today?

In what state is the purported debt scavenger "attempting" to take the matter to small claims court?

What amount of money is the debt scavenger alleging you owe?

Finally, you are free to block any and all callers to whom you don't wish to speak.

That would force the debt scavenger to only contact you via mail or overnight letter.

You don't have to accept or sign for any correspondence, even certified or registered US Mail.

If you do the three aforementioned tasks/items, you would force the debt scavenger or debt scammer to have you served by a process server, sheriff's deputy, or city marshal.

When it comes to lawsuits, you don't threaten to sue, you simply sue.

Most people who threaten to sue are merely bluffing.