Americredit repo

[Anonymous]

Help!

I'm not sure if someone here can help me answer some questions and/or maybe point me in the direction of who I can speak to?

Back in 2004 I, along with my now ex-husband (joint), had our van repo'd by Americredit. There's a balance of $7,800...that I of course cannot pay in one lump sum. Now after reading on here and learning more about SOL and all that good stuff...I'm terrified that they're going to come after me in a lawsuit. They (Americredit) has the days all messed up on my credit report. They have the Repo and the DOFD being 2/04, but then the DOLA being 11/04...which I never made one payment after they repo'd it? But I really can't DV it since it's not past the SOL?

My questions are:

1. I purchased the vehicle while living in Illinois and I currently live in Indiana...which SOL do I go by?

2. I somewhat under SOL, but I'm not sure what a car purchase/repo would fall under?

3. How would they handle the lawsuit since we're now divorced, but was purchased as a joint account? Would they just try going after one of us? There's nothing in our Divorce Decree that mentions this debt?

4. Is there anyone else out there that has been sued by Americredit...and what's the outcome?

Any help would be greatly appreciated. I'm worrying myself sick about this.

[llecs]

You and me both. I had a repo (but redeemed) and it is/was a pain in the butt to deal with. I still have up to 13 lates on my CR because of that.

Unless you have all the $$$, then I'd wait. If SOL hasn't expired, contacting them in any way would likely lead to a lawsuit.

You cannot DV an OC (Americredit) only CAs who are collecting on it (but I would wait until SOL expires if CAs are involved).

1) Per SOL, each state law varies. Here's the link for SOLs by state:

http://www.bankrate.com/brm/news/cc/20040116b2.asp#il

I'm no attorney, but I'd hazard a guess and say that the car note was written, or 10 years. So, you'd have to wait until 2014 to breathe easier. However, this will fall off your reports 3 years before that time. SOL tolling can vary by state, but it was 10 yrs for both IL and IN.

2) IMO, written.

3) Can't speak to divorce. I'd consult an attorney. Legally, both of you are responsible for it (equally?).

4) Someone in here was recently served for an Americredit repo. Look around. It was recent.

Just start saving. $7800 could be worse.

[llecs]

Having second thoughts....could be promissory. Maybe others could chime in.

[Anonymous]

I would say promissory note.

I believe they must sue all account holders.

[Anonymous]

ok...so it's anywhere from 6 to 10 years depending on what state they go by? I'm not really familiar with lawyers and how they work, but is there any specific lawyer that I should look into and/or does anyone know of a great legal forum?

[Anonymous]

I am dealing with them now.  I recieved my cival summons Friday.  I am trying to get my house refianced so I can pay them off.  I have 20days.  I am soooooo worried. 

[Anonymous]

---

@Anonymous wrote:

I am dealing with them now. I recieved my cival summons Friday. I am trying to get my house refianced so I can pay them off. I have 20days. I am soooooo worried.

---

I definitely feel for you. I'm sure that I'm going to be in that position. I don't have a house or any means to get any money though? So I don't know what I'm going to do. Maybe one of those credit counseling/consolidation loans would be an option for me...or if that's just a big rip off? I'm trying to be proactive about it, but it's giving me ulcers just thinking about it.

How long ago was your car repo'd and have they been sending you any warning letters or anything? I haven't seen anything from them except for the letter that they sold my van at auction. So that was 4 years ago?

[Anonymous]

mine was repo in dec 2004.  i did not receive anything.  my husband receiveda phone call about a year ago.  I did notice that they pulled my credit on 8/7 and i was served 8/22.  i just hope my loan goes through.