fair debt collection statute violation

[jay2k9]

My jurisdiction is: CA

In 2003 i took a loan out from a finance company they attached the loan to my car title for security . I never paid the debt and now 6 years later they want me to pay off on a car i no longer drive i offered to pay them 300 for the title they refused . I asked a friend of mine and he said that the debt was out of statute in ca since its over 4 years since the breach meaning they cannot collect. My question is twofold 1- do they have a legal obligation to relinquish my title since they can't collect? 2- If they don't comply my understanding is I can take them to court and collect 1000 for violation of the fair debt collection act plus emotional distress yada yada yada. Can someone plz clarify? Thx in advance.

 

[jharris352]

First, no court is going to let you profit from not paying your debt. You don't have "clean hands" in the matter. Secondly, your friend is wrong about a 4 year SOL on collecting a debt. I don't even have to look up the law in CA, when someone has a lien on title they have a lien till it is released and you don't get to wait them out so you can have the car for free.

For my tastes you are a bit too proud of not paying your debts. Do the right thing, Karma is no fun.

 

[tpajet]

What part of the Fair Debt Collections act do you think they violated?

And no, as stated already, they do not have to take the lien off. Your friend has no clue what he/she is talking about.