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  1. #1
    Join Date
    Oct 2010
    Posts
    1

    Default Statute of Limitations for Debt Collection for a Car Loan

    My question involves collection proceedings in the State of: Illinois and califonia. I purchased a car in 1994 in Illinois. I moved to california 3 months later and have resided in California for the last 16 years. In 1997 I was in an auto accident and the car was totaled. I did not have gap insurance therefore, the remaining balance of the car loan was not paid.

    yesterday I received a call from a bill collector threatening a judgment against me. I am assuming that the statute of limitations has long expired as I have not made a payment to the creditor in over 13 years.

    What state's statute of limitations apply's: Californina or Illinois?

    How many years is the repective statute of limitations for this type of contract?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Statute of Limitations for Debt Collection for a Car Loan

    the time is tolled per Illinois' statute because you left the state. California will allow which ever state's SoL is shorter to apply.

    So, depending where you are sued, you may or may not have a valid SoL defense.


    but, that does not prevent them from suing you. If you fail to present a defense, they can still obtain a judgment against you.

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