What is the SOL on car loans?

UPDATED: Sep 9, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 9, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is the SOL on car loans?

The car was seized by the city of Chicago 11 years ago. They told me that the finance company got the car back from them. Now they are coming after me for the loan on the car. I’m just trying to know what my rights are and how I should go about protecting them. How should I represent/defend myself in court?

Asked on September 9, 2011 under Bankruptcy Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your vehicle was repossessed and sold at auction where a deficiency judgment has resulted but the loan was defaulted upon more that eleven (11) years ago, it appears that any lawsuit filed against you for the money claimed owed would be barred by pretty much all applicable statutes of limitations.

In California the statute of limitations for breach of a written contract is four (4) years. Common counts for money had and received is also four (4) years.

If you have been sued, you need to get an answer filed with the court asserting as an affirmative defense that the claim as a whole is barred by all applicable statute of limitations due to the passage if eleven (11) years. If your county has a "legal aid" program, I recommend that you consult with that group for assistance. Potentially your county bar association may have a program where lawyers assist people needing help.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption