Consumer Law, Warranties Being Sued For Volluntary Repo of Vehicle

[rgalvarez9999]

Being sued paperwork given to my wife at our residence(nothing signed). States we are being sued for the loss ($16k) the lender took when they sole the vehicle. I was told that they only had 3 yrs to make a claim & if they had waited past October it would have been to late. What are my options? Tried to work out agreement with original lender when we had vehicle, but they REFUSED to cooperate.

 

[jharris352]

You don't have to sign for service. You need an attorney to answer the claim and try to mitigate it. At least take it to an attorney who can give you a free analysis. If you ignore it or say you can't afford the attorney it will get much worse. If you can't afford the attorney, can you afford them taking all your money out of the bank and garnishing your pay?

 

[Michael Wechsler]

Being sued paperwork given to my wife at our residence(nothing signed). States we are being sued for the loss ($16k) the lender took when they sole the vehicle. I was told that they only had 3 yrs to make a claim & if they had waited past October it would have been to late. What are my options? Tried to work out agreement with original lender when we had vehicle, but they REFUSED to cooperate.

1) I don't know what "they only had 3 years to make a claim" means. Who told you this? Is there anything in the contract? If you are talking about statute, you need to know the date from which the 3 years begins to run and if it's over, you can raise it as a defense in court.

2) What does "work out an agreement" mean? Pay them less what they are entitled to? No offense, but they can tell you to stick it. The reason is as follows - you worked out an agreement with them to get a vehicle and pay a certain amount every month. You didn't uphold your part of the agreement. After being sent notices you still didn't comply and now they are out all this money and don't care to wait for you to pay back the loan when you care to pay it back. I can understand you may have hard times but someone is out money. They are just taking the steps they have to in order to ensure they get paid as soon as you receive money. Good luck.

 

[Hideoutcabins]

Take the respondents advice and get an attorney. Unsure about Texas, however, I have successfully argued similar cases in Arkansas allowing recovery of actual loss only (with reasonable cost to recover, complete, etc) as opposed to overall contract amount that would have been collected absent the breech.