Re: LadynRed please explain previous post

Posted by Why Chat (209.240.205.61) on November 25, 2003 at 23:22:24:

In Reply to: Re: LadynRed please explain previous post posted by albatross on November 25, 2003 at 21:55:30:

It is referred to in the repo letter,but you won't EXACTLY find it as a "SOL".

The UCC states that all required notices must be given within a reasonable time. Some States specify a time period of 6 months (after the resale) most States are "silent" in their statutes on this subject.

However, in caselaw, whenever a definition of "reasonable time of notice" has been questioned, the referal has all been back to several cases, (one of which was in Fl.) that stated "over 2 years cannot be considered "reasonable".

So, if you have not had ALL the required notices delivered to you in the form and manner required in YOUR State's Repo laws.(which are at LEAST as restrictive as UCC §9, and in some cases more restictive) within 2 years of the resale, then you can send the repo letter out, because the creditor /repossessor is past the "reasonable" time to comply with State laws.

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