In 2001 me and my ex bought a car he was the primary i had no license and no job but because I put the down payment on it they but me as a co signer. In 2003 it was repossed, and now in 2010 i have got a call from a lawyer staing they are trying to collect the debt. Is therea statue of limitations on this. He collects disabitlity and they can not touch that check so they want to garnish my salary. I have not heard anything in writing or otherwise about this car sin it was repossed..............Please advie
2 Answers from Attorneys
It sounds as though you are beyond the statute of limitations to report on your credit. The creditor suing you may also be time barred as Ga's SOL is six years. Even better, the repossession may fall under Georgia's UCC laws, which have a SOL of four years. Often times scavenger collection agencies will pick up these old debts and use very aggressive tactics in trying to recover them. You may consider hiring a Georgia attorney to write a cease and desist letter to the collection agency and the original lender -- let me know if you need assistance with that. If that doesn't work and the collection agency still takes you to court, you should hire a debtor's rights litigator immediately.
They cannot garnish your salary without first obtaining a judgment against you. Do not ignore court proceedings.
Best of luck. *******The above does not establish an attorney-client relationship and is for informational purposes only.
Phillip may have overlooked two things. If your contract was signed stating the laws of another state applied, or was under seal, the statute may not have expired. Otherwise I agree with his answer.
Step one for you is to see a lawyer (we handle these type matters) to write them.