got the petition today
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Posted by mkandy
(66.138.202.50) on May 22, 2003 at 11:59:29:
I am being sued...x- wife had a car repossessed that was in both of our names. The car was auctioned off on April 15 1998. They are now bringing suit against me for the defiency amount. It has been over four years since the car was auctioned off!!!!! I recently tried to validate with the attorney and the bank.....approaching the thirty days on the 25th of this month. The attorney for the bank says that they are treating the defiency amount as a seperate issue. I told him that I would respond as this being time barred...he said go ahead...that this is a constant mistake that consumers like me make thinking that this would be time barred by the four year SOL. He said that he is using the UCC Article 3 for six year SOL. What?????? I looked it up and I understand it to be for FDIC takeovers.....he said that this loan is a promissory note and the UCC applies!!!! Anyone know of case law involving the UCC and this? Need some help here.......
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