Re: Ok Why Chat....
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Posted by Why Chat (22.214.171.124) on November 06, 2002 at 08:22:41:
In Reply to: Ok Why Chat.... posted by terab on November 06, 2002 at 00:49:37:
I do not know what "UCC" statute you are referring to, if my memory serves me correctly, you are being sued for a deficiency on an auto repo.
As I believe I have posted before, auto repo's have a COMPLETELY different set of laws rules SOL's and statutes than other debts.
In general, an auto has to have been LEGALLY repossessed according to the repo laws of the State it was done in. The deficiency created upon the LEGAL resale creates the start of the SOL for THAT debt.The time frame for a LEGAL deficiency judgment to be filed is AT MOST the same as for an oral contract.
In order for their to be any legal filing for any judgment the plaintiff has to produce ALL the proper documentation of legal repossession,notice, and accounting of the resale. If there is ANY part of this which is missing, they cannot (or at least should not) prevail. You need to obtain the motor vehicle repossession laws of the State it was repossessed in, and check YOUR State's motor vehicle repo laws to see if they have repricosity on their requirements.
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