Turned in leased vehicle early

Zony487

New Member
Jurisdiction
Arizona
My ex and I had a leased vehicle and when we divorced he/she turned it in and then claimed bankrupt. Clearing their name from any obligations. My name apparently was on the paper because now after 6 years I am being threatened with a law suit regarding paying off this vehicle. I told the agency I will not pay. They said I had to because my ex claimed bankruptcy. This agency is now sending letters to random people via Facebook and the mail trying to contact me. What are the statute of limitations and vehicles under a lease turned in early? This was in 2013
 
In Arizona the statute of limitations for filing a lawsuit based on breach of a written contract is 6 years. See 12-548:

2018 Arizona Revised Statutes :: Title 12 - Courts and Civil Proceedings :: § 12-548 Contract in writing for debt; six year limitation; choice of law

This was in 2013

What was in 2013? When he turned in the vehicle? When he defaulted on the payments? When he filed bankruptcy? Something else?

You'll need to find out the exact date that the "cause of action accrued."

If it happened between 10/27/13 and 12/31/13 you are still vulnerable to a lawsuit. If it happened before 10/27/13, a lawsuit would be time barred but you would have to respond to it and raise the statute of limitations as an affirmative defense when you answer the complaint.
 
My ex and I had a leased vehicle and when we divorced he/she turned it in and then claimed bankrupt. Clearing their name from any obligations.

I THINK you meant the BK she filed allowed the debt she owed to be discharged when approved by the BK Federal Court Judge.

The leasing agent could no longer pursue her.

To get their pound of flesh, they LENDER (or it's assign - as in collection scavenger) is now pursuing YOU.


I told the agency I will not pay.


Not a very smart things to say or do, nevertheless, meaningless.

You might not pay, but your FICO will be savaged, and you'll be hounded to fork over the cash.

If a judgment is obtained, your bank accounts could be seized, your wages attached, your life will become a nightmare.

You might wish to consider a BK yourself.

This agency is now sending letters to random people via Facebook and the mail trying to contact me.

You might want to speak to a licensed attorney in your county and discuss your issues to determine of a remedy exists under the law.

What are the statute of limitations and vehicles under a lease turned in early? This was in 2013

This website explains the SOL regarding debts in AZ:

Arizona Statute of Limitations on Debt Collection | AZ Debt Laws | SmithMarco

It could be 3, 4, maybe 6 years, but that depends on many factors you haven't disclosed, and is too tedious for me to pursue further.
 
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