Legal Question in Credit and Debt Law in California
Two year old reposession
I had a car reposessed in Kansas 2 years ago. I just found out that the company is trying to sue me for more than the car was bought for, the problem is they are sueing me in california. I lived in California for a year before moving to Kansas. The car was taken in Kansas. They served my mothers EX sister in law the court summons. ALso the summons is in Compton, but I never even lived in Compton. What can I do? Also what is the statue of limitations on such a case?
3 Answers from Attorneys
Re: Two year old reposession
A breach of contract action has a statute of limitations of 4 years from the date of the breach, so it probably has not expired unless it took them a while to find the car. There are quite a few options regarding defense strategies at this point. Please call me directly at (619) 222-3504.
Re: Two year old reposession
You have several issues to be addressed. Regarding where the lawsuit takes place, this is probably a breach of contract action. The appropriate venue can be where the contract was signed, but more likely the contract contained a clause stating where venue would be in the event of an alleged breach.
The fact that the vehicle was repossessed in Kansas probably doesn't mean much.
The service of your mother's ex-sister is an issue that can and should be addressed.
The big problem that you face is defending a lawsuit of this nature can be very expensive. You will need a substantive defense on the underlying contract claim.
Re: Two year old reposession
you need someone to review the papers and very quickly file an objection to the CA jurisdiuction if possible. i defend a lot of these at a pretty low cost. i would be happy to review the paperwork and explain your options at no charge if you like.
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