Legal Question in Credit and Debt Law in Connecticut

What are my rights?

Nine years ago i co- signed on a vehicle with my ex-boyfriend. The vehicle was repossessed and sold back in 1998. I recently started to get phone calls from a collection agency. This vehicle has been on my credit report for the last 7 years. How much longer will this be on my credit and what can this agency do to collect their debt?


Asked on 2/19/04, 9:49 pm

1 Answer from Attorneys

Stephen Silverberg Silverberg Law Office

Re: What are my rights?

I'll have to let someone else answer the part about how long this will be on your credit, because that's not my field. I can speak to the question of your rights.

To get rid of the collection agency, just tell them that the claim is disputed and you want him to stop calling you. Even better, when you receive a letter from the collection agency, write back to them telling them the claim is disputed and you want them not to contact you again. Send it certified mail, return receipt requested. Once they receive it, they are entitled to send you ONE more letter, telling you what the agency is going to do next. If the agency contacts you again after that, you could cause big trouble for it.

Now to the main issue, your liability for the deficiency debt, that is, the difference between what was owed at the time the vehicle was repo'd and the amount the finance company got for it. The problem is, no lawyer can tell you for certain whether you can be forced to pay without seeing the original contract, and without knowing certain other things. Facts that would make a difference include:

-- what state you two lived in when you signed the contract;

-- whether the contract says which state's law controls the contract;

-- whether the finance company ever sent you a letter demanding full payment of the balance, and if so, when that letter was sent, and whether it was sent to you at your correct address.

You need to speak with someone who specializes in this type of case (I don't). If you no longer have a copy of the papers you signed, you might have to wait to see whether the creditor actually sues you (then the creditor has to provide a copy of the contract, which can be analzyed by your attorney).

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Answered on 2/20/04, 3:18 pm


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