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trying to sue me for an old car loan

Regular Contributor

trying to sue me for an old car loan

I was contacted today by a junk debit collector saying there going to sue me to recover money owed a car.  The question i have is when does the statute of limitations start?

 

On the credit report it says last payment was oct 5th 2011, the DC is saying the date is 2013.  I know my x wife who's car it was and she let it go. hasn't been a payment since 2011. In Nebraska the statute of limitations is 5 years on a written contract. What documentation should i ask the junk collector for?  

 

 

Message 1 of 5
4 REPLIES
New Contributor

Re: trying to sue me for an old car loan

Who's name was on the loan ? And if you are divorced why was this debt not itemized in the settlement?   I had one go after me for a siblings debt .. just laughed at him .

775/780/789- EOY 2017
824/812/811- July 2018
Message 2 of 5
Regular Contributor

Re: trying to sue me for an old car loan

The plot thickens, They called again today.  I am the name on the loan btw and was awarded the car in the div.  The car was bought in nebraska and titled there. SOL is 5 years. I moved to iowa 3 years later and plated the car there. SOL 10 years. They are saying since the car was titled in iowa it falls under the 10 year SOL.  Are they right?  I also asked them to send me prove of debit. All they sent me was a letter stating they are trying to collect a debt.  Nothing else was sent. I do know the last payment made on the car was 2011. 

 

The name of the company is addison recovery soluitions. I cant find a single thing about them on the web

Message 3 of 5
Moderator

Re: trying to sue me for an old car loan


nursemanit wrote:

Who's name was on the loan ? And if you are divorced why was this debt not itemized in the settlement?   I had one go after me for a siblings debt .. just laughed at him .


That makes absolutely no difference.  Just because a divorce agreement specifies who responsibility a debt is after the divorce, creditors dont care and legally, if you were on the original loan, then you are still responsibile for repayment even if your divorce agreement says otherwise.

Message 4 of 5
New Contributor

Re: trying to sue me for an old car loan

That is why I asked both questions - who is on the loan - and was the car in the settlement. Since he is on the loan it is not an issue since dispite saying it was his wifes car , it is his car.

 

If his wife was on the loan and the settlement said she had to pay you go back to court and get her involved to help reduce ( but not eliminate ) his exposure. 

775/780/789- EOY 2017
824/812/811- July 2018
Message 5 of 5