What is the statute of limitations on collecting monies on a car repossesion?

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What is the statute of limitations on collecting monies on a car repossesion?

Asked on August 3, 2011 New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This would be an action on either a contract (the loan agreement) between the lender and borrower, or on a promissory note, if the loan was evidenced by a promissory note. In either case, the statute of limitations in New York State is six years. Statute of Limitations count forward from the date of the breach, default, or violation, not from the date the loan or obligation was incurred; thus, the creditor or lender in this case has up to six years from when the borrower (the car owner) first defaulted on the loan or failed to make payment to sue for additional money. The lender can only get whatever balance is left after (1) having applied all the payments the borrower did make; and (2) after having applied whatever the repossessed car brought in when sold or auctioned (less certain expenses of the repossession and sale).


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