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Old 03-18-2006, 09:28 AM
pnnylane pnnylane is offline
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Location: New London, CT
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Default Threatened with lawsuit for car towing and storage fees
So here is the story, my husband had an old car and kept it on his military base because it was no longer working. It had a permit on it. When he was released from the milatry a freind said he'd like to keep the car and fix it, so my husband gave it to him to work on. they were going to work out a price/paperwork when we got back from a trip we were taking to se asia fro 6 months. When we returned to the military base six months later the car was gone and no one working their could tell us where it might have gone or if it was towed, so we assumed that this guy just took it with him when he moved. this part was all terrible on our part. (we were in CA)

Then 3 years later when we are buying a house (not in CT) we saw on his credit report that pacific creditors said we owed 3500.00, we called them and the car was junked they said and sold for parts and we owed towing and +++++ fees. They said they won't settle and they found out on their own that we own a house and are threatening a judgement on the home.

here are my questions: Can they sue us in CT for something that happened in CA?
What is the statute on a situation like this? As it was not a written or verbal agreement between us and the twoing company (the debt is curently with a law office that handles collections for the towing co.)

Also they state that they are only required to send one letter notifying us of the debt (we never recived anything from anyone) they say that the first letter they sent was to a CT address which means they didn't contact us until 2 years after the fact. That seems illegal right there. ANY HELP OR SUGGESTIONS WILL BE APPRECIATED
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Old 03-18-2006, 02:02 PM
Mr. Knowitall Mr. Knowitall is offline
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Default Re: Threatened with lawsuit for car towing and storage fees
Quoting pnnylane
Can they sue us in CT for something that happened in CA?
They can, although it may affect the statute of limitations which applies. It appears that Connecticut will typically apply its own statute of limitations, unless the foreign limitation statute is condition of the right of action under the out-of-state law.

Quoting pnnylane
What is the statute on a situation like this?
If the debt is owed pursuant to their statutory right to claim the towing and storage fees, probably three years under California law. That term may be tolled based upon your absence from the state.

Quoting pnnylane
As it was not a written or verbal agreement between us and the twoing company (the debt is curently with a law office that handles collections for the towing co.)
They presumably are making a statutory claim to the towing cost and storage fees. That's something you should demand that they document if they do in fact try to litigate.

Quoting pnnylane
Also they state that they are only required to send one letter notifying us of the debt (we never recived anything from anyone) they say that the first letter they sent was to a CT address which means they didn't contact us until 2 years after the fact. That seems illegal right there.
Did they not contact you about the sale of the car? (It seems possible that they sent a notice while you were out of the country.) You did not know that the car was towed for more than two years? You did not try to check with your husband's friend, or do anything to get your name off of the title?
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