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Another Statute of LImitations question.?


The car I asked about before was originally financed in Arizona. I moved to Texas the following year. The collections agency filed agains me and recieved judgement here in Texas. With that said, is the SOL 4 yrs because it was filed here in Tx. or is it 6 yrs because the loan started in Az? IF it's 4, then since I stopped paying sometime in early 2003 and wasn't even served until late(Oct.) 2007, shouldn't it be past the SOL and therefor null and void?

No no, no no no no no. You misunderstand the term "statute of limitation." It doesn't start running from the time that you make your last payment. It starts running "from the time that the action accrues." That means that it starts running when the loan company absolutely knows that you have no intention of ever paying. That means after you've been judged to have defaulted, after its been sent to collections, after you've dodged all efforts at collections, etc...

And again, you waived this argument when you failed to show up to court to contest the suit and a default judgment was entered against you. Even if your lawyer (which you are going to have to get) manages to get the default judgment wiped away, having one entered generally removes the possibility of making a procedural objection.

No,YOU are responsible!

7 years

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