in 2003 I bought a ford focus from ford in california. I got married and deployed to Iraq in 2004. in 2005 after I returned I started going through a divorce and did a voluntary repossession on my car around October 2005 and I moved back to my home state of utah. today I received a letter from an attorneys office in Newport beach California claiming ford has just won a judgment against me on this car loan. they are threatening my wages and bank account. I still live in Utah. is there a statute of limitations on a written contract that is not being followed. and how the date set for the start of statute of limitations. I know California is 4 years on a written contract and Utah is 6 years. any help or suggestions. on my credit report it shows as a charge off.
1 Answer from Attorneys
A charge off does not mean that the debt cannot be collected. You seek to have the judgment set aside when the Ca attorneys attempt to get it registered in Utah if you were not served in Ca. If you are successful then the Ca attorneys have to refile to get a judgment valid here. The statute of limitations begins at default, but getting a judgment avoids the statute of limitations, and then there is a new statute to collect on the judgment.