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Statute of Limitations on a defaulted car loan.?


I'm in Texas, and a court just issued a Default Judgement on an old car loan. I've been researching laws/rights and I'm wondering this.
1. What is the SOL on them sueing me?
2. Does the state their in (Ga. but the original company is in N.Y. It's to a collection agency now) matter?
3. They filed in a county I never lived in. I don't know why they filed their. Does that matter at all?
4. IF the SOL is out (I payed the last payment to the original creditor in approx. 2003) can I file to Vacate Judgement and have the entire case dismissed?
Other notes. I was served in Oct. of 2007. The case apparently went to court last week and the collection agency was awarded a Default Judgement because of my absence. I was never notified by the court or other attorney of the court date. ALSO, the day after I recieved the service in October, I called the opposing atty. to ask for proof of oweness, which they promised to send but they never actually did. Should that matter? The loan's $12,000

Brodybur is partially incorrect.

There ARE statutes of limitations, and they are NOT tolled by a creditor continuously trying to collect. I am not admitted to practice in Texas, but by the entry of a default judgment, you may have given up specific legal rights to answer.

The expiration of a statute of limitations is an affirmative defense. When you were served, you would have been provided with a summons and a copy of the original petition. That summons was the notice of when the court date was, and/or the date prior to which you needed to file your written answer with the court.

Its apparent by your questions that you're in way over your head. You need to contact an attorney licensed in Texas to see if he/she can help you out of this mess. Let this go as a lesson to you and anyone else who reads it: Failure to hire an attorney promptly can sometimes cost you MUCH more money than you would have initially paid for the attorney to avoid the mess.

For a referral, contact your local or state bar association.

1) There is rarely, if ever, a statute of limitations on the collection of a debt, so long as the creditor has been trying to make a recovery.

2) The state they are in doesn't matter in this case, since they sued you in the state that you live in.

3) It *might*. This is going to depend on some complex questions of Texas civil procedure though, and the facts of your case.

4) The statute of limitations is almost surely not out- especially if it's gone to collections, and was served on you last year.

5) When you were served with papers, that was your notice that you needed to find out the date from the court- not wait for them to contact you. The other attorney doesn't have a responsibility for keeping you up to date on your obligations. And as far as proof of the debt, they aren't required to "prove" it to you before you agree to go to court. You've been sued and served- it's up to the court to decide if you owe. There might be rules regarding discovery of evidence, but an informal request like that is unlikely to trigger them.

6) Your ONLY hope now is to contact an attorney and hope it's not too late for them to sort it out. With a default judgment entered against you, you may have waived any defense you had by not showing up to court.

So you were served with court papers - but never followed up on them. This is no excuse for missing your court date.

The opposing attorney has no obligation to provide you with anything.

It sounds like you are out of luck. By missing your court date you lost your chance to present your side of the story.

4 years; based on what you have here, your best argument was the wrong county jurisdiction; but I think you'd just lose in the next county.

state law here

http://tlo2.tlc.state.tx.us/statutes/cp....

The only "SOL" is on your part (s#it outta luck). This is a loan, not a law so you will owe it until paid off. Your credit is probably already taking a hit for this bill.

Hello! I Got This For You. As Always, It's Always Better That You Get The Info Firsthand. So Better Check It Out Yourself, Im sure You'll Discover Something...http://carloan.featured-resources.info/c...

ypically the SOL would be seven years since the last time the debt was validated. Your payment is 2003 is an example of validating a debt. You are certainly liable. Pay up. As far as the county filed in, if you look at your original contract is says where they can file. I(Usually their home county).

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