old car debt

[abluso]

What is the name of your state? Ohio

in 1992 my ex-husband & i had a car repod, because we were having financial difficulty, at the time before it got repod, I tried to work out a deal with the bank, they would not deal with me, and said I had to make the entire payment which was not possible, so they took the car, and sent a letter saying the car was sold back in 92, and then I got divorced, and never herd anything from them, and now 11 yrs later they are sueing me out of the blue. what is the SOL? and can they really collect this after 11 years?

 

[bearfootball]

no.

 

[abluso]

bearfootball -

"No" - is that for the question of "can they collect after 11 years"
if so, what is reasoning for that? do you know the SOL on it?

 

[ibcurious]

SOL in Ohio for that would be 15 years I believe. They are probably suing you for the money they lost on the car. Yes they can sue you. They are probably hoping for a default judgement. Get proof of this debt and make sure you answer their suit.

 

[abluso]

thank you for the info... I don't have my proof because it was so
long ago. they did send the paper work from the bank with the
suit papers. I know how much the car was bought for. They are
suing $4,000.00 for the car and $6,000.00 for interest.. do I have
to pay any of the interest.. Also, wouldn't the ex be responsible for it also. His name was on the loan to. Can I answer my own
suit. I don't have the money for a lawyer.. they want $2000.00
around here. Thank you for your help.

 

[ibcurious]

Yes you can answer your own suit. Ask yourself: Do the bank papers explain where these figures they're suing you for come from? Did they send you the original contract with your signature on it? Do you know how much they got out of the car after they repoed? When you answer the suit remember that if you don't feel that you owe them money, even if you think you might or it's a possibility, you can deny the debt. If your going at it alone make sure you do your homework and know where they are coming from. Just because they say you owe them that much doesn't mean they are ligitamatly charging all of it. If you feel that they are correct in this suit against you, you may want to speak to their lawyer to see if they would accept settlement or something. Apparently they found you so that's who they went after. Your ex is responsible the same way you are...they could go after either one of you.

 

[JETX]

Yep, old 'barelyfootball' gave another of his many WRONG answers.

As correctly noted by ibc, the CORRECT SOL (Statute of Limitations) in Ohio is 15 years on a written agreement (which would be the written lender contract).

And IBC is correct. The lender is entitled to the 'deficiency' (amount remaining outstanding after allowing for the proceeds of the sale), plus interest as noted in your original agreement.
I would contact the attorney for the other side and make sure that they include your 'ex' in this lawsuit (so you don't have the whole thing yourself) and ask them if they will provide you with a copy of all the documents pertaining to the loan. If they won't provide them willingly, you may have to subpoeana them.