What is the SOL on car loans?
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What is the SOL on car loans?
The car was seized by the city of Chicago 11 years ago. They told me that the finance company got the car back from them. Now they are coming after me for the loan on the car. I’m just trying to know what my rights are and how I should go about protecting them. How should I represent/defend myself in court?
Asked on September 9, 2011 under Bankruptcy Law, Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your vehicle was repossessed and sold at auction where a deficiency judgment has resulted but the loan was defaulted upon more that eleven (11) years ago, it appears that any lawsuit filed against you for the money claimed owed would be barred by pretty much all applicable statutes of limitations.
In California the statute of limitations for breach of a written contract is four (4) years. Common counts for money had and received is also four (4) years.
If you have been sued, you need to get an answer filed with the court asserting as an affirmative defense that the claim as a whole is barred by all applicable statute of limitations due to the passage if eleven (11) years. If your county has a "legal aid" program, I recommend that you consult with that group for assistance. Potentially your county bar association may have a program where lawyers assist people needing help.
Good luck.
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