collector trying to collect on a repo/truck of 13k?

Question

hi i had a truck repo'd in 2000. I had a bad year divorce ect. i had a year old truck a 1999 ford 150 bought for 23k. got divorced nailed for support ect long story could not pay for my truck. they repo'd it after 8 months. only 6k miles, great condition. now i have this collector wanting 13k. he is telling me that if i dont pay this ballance or make a payment play he will attack all of my assets in court. i dont want to deal with this person, seems like a scam artist. What can he do in court, claims he has a attorney in his office. I have tried to contact some legal help in minnesota but they have forms to fill out. i did look at my credit report and the repo is not even on there anymore..... i cant afford my assets getting attacked, i am a painter cant have my equipment taken away.

Answer 1

in Minnesota the statue of limitations say that 6 years after a written contract becomes defeat, the creditor has 6 years to win a lawsuit. so this debt is past the states statue of limitations. with seeing a good amount of money on this case and this clown probably breaking the law, i would suggest to speak to a attorney. for hundred bucks or so they will send some letters to ensure that you will not be bothered again for this debt. if you dig into it enough you can do this yourself but i would suggest the attorney "family or bankruptcy" again you have nothing to worry about, however these collection agency's are just as bad as id scammers.

Answer 2

Repo's void original contracts. What they are trying to collect is the deficiency. Repo deficiencies fall under the UCC for the collecting SOL, which is 4 years from the date the vehicle was sold creating the deficiency - UCC Article 2, § 2-725(1)

(If the original creditor failed to follow state laws or UCC § 9.506 before and after the repo, then the repo deficiency would be void and uncollectible)

But, anyway, you are past the collecting SOL if it has been since 2000 when they did the repo and repo sale.

If the collector is telling you that he will sue if you don't pay, then he is violating the FDCPA. A collector cannot use threats to collect and they cannot claim they will take actions that they have no intention of taking or legally cannot take.
(they legally cannot sue you for a time barred debt)

Even though they legally cannot sue, collectors do often file suits on time barred debts because many people never bother to show up and enforce their rights. That gives the collectors an automatic win.

You might click on my profile and click on the last link I have listed. Go to the credit forum and do a search with the word repo
The site is a free credit discussion board where you can learn your rights and how to use them - "totally" free and non spam.

Answer 3

I am not certain about the laws in your state however, generally speaking a creditor can not attach assets such as tools or equipment needed to preform your job. Check your phone book for pro bono legal services. Anyone who offers free legal services will have forms to fill out. Try this Central Minnesota Legal Services Volunteer Attorney Program 1800-622-7773
http://www.abanet.org/legalservices/probono/directory/minnesota.html

Answer 4

A foreclosure is truthfully a criminal proceeding the place the financial corporation takes possession of your materials. often the domicile would be bought and the debt paid off. whether you have gotten it on your credit for a while. i does no longer pay any funds to LTD, financial (i've got heard of them via the way) till they might practice evidence of taking on this debt for sequence. If the financial corporation says they did no longer turn it over for sequence then you definately ought to ask them in the event that they bought the notice. according to risk this is the place the confusion lies. purely be careful to deliver everybody funds without evidence which you owe it to them. I went via a foreclosure approximately 10 years in the past and we on no account won any requests for funds. They bought the domicile and the notice replaced into paid in finished.

Answer 5

how old is the debt, get a attorney to look at the situation
you can offer a counter amount to get rid of it
play the bankrupt card.
they can't take away your work tools. they have to leave you with one auto.
put any other under LLC WITH SOME ONE ELSE NAME AND YOURS! HIDE YOUR ASSETS

I HAD 12 YEARS OF JUDGMENTS EXPERIENCE HIDING MY ASSETS. BE FORE I COULD AFFORD BANKRUPTCY

Answer 6

Is the 13k debt related to the truck?