Legal Question in Real Estate Law in California

Back 'lease' payments

1973 wife/husband sign up for a RV park time share. They divorce in 1983, she is awarded time share. Husband does not turn over paperwork. Wife doesn't want and doesn't pursue. Wife remarries and moves to Mi. Wife never hears from RV park. Wife never makes any kind of payment to RV park. 2005, 22 years after divorce, RV park, thru a collection agency tries to collect on all back payments. Is this legal? What can wife, and new husband, expect from collection agency.


Asked on 8/17/05, 10:03 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Back 'lease' payments

Most, if not all, the attempted collection would very likely be time-barred by the statute of limitations. Also, depending upon the exact nature of the original obligation, i.e. if it were a purchase-money obligation, it is possible the creditor's recourse is only to the collateral and not to the borrower.

If the amount being sought runs into the thousands, you are probably better off retaining a lawyer to write a letter or letters on your behalf than responding directly; it could be more effective and avoids a possible trap where admitting liability in writing renews an otherwise time-barred debt.

There are speculators who buy up old claims like this for pennies on the dollar, then apply barely-legal strongarm collection tactics on the premise that if a small portion of the "debtors" pay up, they'll make a profit.

Without seeing the contract or other obligation underlying the claim, I can't give more specific advice or assure you that there is no liability.

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Answered on 8/17/05, 11:50 am


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