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More repo questions...
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Posted by nc
(208.190.181.225) on March 24, 2003 at 11:58:18:
K, here we go... Had a repo in April/May 99...no notice of sale or notice of deficiency. Lived in WA now in TX I understand the 4 year sol for deficiency if proper deficiency notice was received within 2 years of re-sale. I guess I am trying to figure out if sol has passed or not. What I dont understand is, in searching under "repo" here on the forum, I read something about oral contract, but I'm not sure how that ties in. I keep finding conflicting info. I have read archives, UCC, state laws, and Whychats website. OC says they have 7 years, per CA law to sue me and collect. Ex hubby filed for bk while we were still married, so I would be liable for whole deficiency. Now, OC doesnt know he filed bk...wonder if I could just give them his case # if they start calling. May buy some time if I am close to SOL. I know that telling them it is past sol isnt going to do anything and I will have to wait until they file against me and use it as my answer to the court. Someone please explain what my options are. I know WA has rules of notice, prior and after re-sale of repo. I received NOTHING. I am sure they will try to sue in WA instead of TX, even though I have been a resident here for 3+ years. Also, TX has no garnishment laws for this type of situation. I think, even if they are granted a judgment in WA, they will STILL not be able to issue garnishment in TX, since WA doesnt have jurisdiction over me. Hope I'm right. Garnishment issue aside, I have a sick infant (long term health issues) and travelling is out of the question. Sorry to sound freaked out...losing sleep over this. Thanks for y'alls help. Ms. Stressed Out!!
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