2010 truck repo - we can't pay!
My husbands truck had a repo in 2010 in the state if Florida. The engine blew couldn't afford to fix a that time. Last time we checked his credit (2014) the collection was around 13k. It was sold to another creditor about a year ago. They have been calling trying to collect.
They call me, my husband, and his brother. Heard from someone that you can go to court to fight it stating that you are the sole provider to a child. In which he is, I do not work. And we have a daughter.
Have you ever heard of that ? Where can I find the SOL for Florida repo's?
We cleaned up his credit. This is the only thing hanging over his head. Just trying to figure out options. We already have a mortgage, 2 car payments and other bills. The voicemails state they will be taking legal action. Thanks
Reply from DebtCollectionAnswers.com
First, your husband should research the statute of limitations asap, before he does anything else. If this debt is too old he can ask the collection agency not to contact him. If they try to sue him and the debt is time-barred, he can raise the statute of limitations as a defense. (In Florida it is either four or five years - probably five for this type of debt.) If may be confusing so please
Download our ebook here where we go into more detail and explain how that works.
Secondly, unless his brother was a cosigner on the debt, a debt collector should not be contacting him. Their actions may be illegal. If your brother-in-law was not a cosigner and the collector has been contacting him about your husband's debt then please have your husband talk with a consumer law attorney. If the collection agency has broken the law, your husband may be entitled to damages and the collector would have to pay the attorney's fees.
As for the other issue you raise, we think what you are talking about is the fact that if your wages are going to be garnished you can file a head of household exemption. But you really don't want it to get to that point if possible. Wages will only be garnished after he has been sued, and the creditor obtained a judgment. A judgment will create additional problems for him.
Here's what we suggest. Get him to read the ebook so he understands his rights when dealing with the debt collector (or you can do it for him).
If his brother is getting calls about this debt and he didn't cosign, talk to a consumer law attorney about an FDCPA case. (The link below will take you to a page where he can get a free consult.)
Also suggest he talk with a bankruptcy attorney. He doesn't necessarily have to file, but the attorney can help him figure out if this debt is too old, and if it's not, can offer a back up plan if this collector sues him. It may be the collector knows the statute of limitations is about to expire and is trying to sue before that happens.
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