If I have a collection agency trying to get money for a carI don’t have anymore, can I do anything about that?

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If I have a collection agency trying to get money for a carI don’t have anymore, can I do anything about that?

That finance company never sent me any paperwork, not even on how much they sold the car for. I’m just now hearing from this collection agency 1 1/2 years later.

Asked on January 11, 2012 under Bankruptcy Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The first thing you need to ascertain is whether or not there is a judgment against you that the collection company is seeking to enforce or simply a claim for money regarding your former car. If there is no judgment, then potentially the time to file a lawsuit may be barred by the statute of limitations in your state.

In most states, the time period for a breach of contract action is 4 years from the breach. Before you even decide to make any payments for any money owed on this car, you need to make sure that this collection company is authorized to contact you concerning your former car. If so, you need to obtain the documentation as to what the car was sold for and an itemization of the claim with back up documentation.

I recommend that you consult with an attorney that practices consumer debt law.


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