Re: repoed car

Posted by the ex-collector (67.162.136.120) on July 16, 2004 at 21:11:33:

In Reply to: repoed car posted by daisyduke on July 15, 2004 at 22:42:55:

Pennsylvania's statute of limitations is 4 years. When the statute expires, it is not possible to sue. This is based on the date of repossession or the last time you made a payment after repossession. Furthermore, in Pennsylvania your wages cannot be attached (meaning taking the money out of your paycheck).

"It is also unlawful to sue a consumer in a jurisdiction that is not the jurisdiction where the consumer resides or the one in which the contract was made." - source http://www.pennlawyer.com/fdcpa.htm

What that means is that the only way they can sue you is to forward the account to an attorney in your county. They have to sue you in the county you live in.

Everything I have read was totally illegal. I absolutely urge you to contact the FTC and the Pennsylvania attorney general's office and file complaints.

Finally, if you do not care to file a complaint, you can issue a cease and decist letter certified mail to the collection agency. They are only allowed by law to contact you by mail "ONE TIME" after receipt of that letter to advise you of what they will do next. All calls to your home will end. Save the letter. Record every time they do call. Answer the call with your answering machine on, and save the tape as evidence of the horrific harrassment you have experienced.

I am going to tell you right now that you will not be sued. You don't owe enough to make it worth an attorney's time because you cannot have your wages garnisheed in PA.

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