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  1. #1
    Join Date
    Aug 2011
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    Arizona
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    3

    Default Statute of Limitations on Texas Auto Loan with Repo in Arizona

    Several years ago my wife purchased a car in Texas. When we started dating, she moved to Arizona and ended up turning in the car which was then sold at auction around 10/2006. We received a few notices about dates to be sold and amounts due at that time. Other than a letter regarding balance still owed at the beginning of 2007, we had heard nothing else about this account. No phone calls or judgement filed to our knowledge. Recently, we got a phone call regarding the deficiency. It has been about 4years and 9 months since the auction.

    I have looked at the various ARS pertaining to contracts and limitations.
    A.R.S. § 47-2725
    A.R.S. § 12-548
    A.R.S. § 12-544

    I believe the consensus is that auto loans are written contracts which have a statute of limitation of 6 years here in Arizona. My confusion is that there is also a section that sounds to me like the limit becomes 4 years if the contract was not originated in Arizona. And then there is another section that I have heard interpreted as a 4 year limitation if the collateral has been sold. In Texas, I am pretty sure the SOL is 4 years. So I am trying to determine if the SOL has definitely expired regardless of which state law applies or if we still have about a year of gray area in which they could file suit.

    Thank you for any insight you might have.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Statute of Limitations on Texas Auto Loan with Repo in Arizona

    Have you run a web search for the name of the company that is doing the collections? They may be a junk debt buyer.

  3. #3
    Join Date
    Aug 2011
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    Arizona
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    Default Re: Statute of Limitations on Texas Auto Loan with Repo in Arizona

    It was a collection agency that called most recently and the credit report status listed for the original creditor is "charge off/collections" but that doesn't preclude the collection agency from filing for a judgment within the SOL, or does it?

  4. #4
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    Default Re: Statute of Limitations on Texas Auto Loan with Repo in Arizona

    I thought you said that there was no judgment. That this was merely a call on the underlying, apparently expired, debt.

  5. #5
    Join Date
    Aug 2011
    Location
    Arizona
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    3

    Default Re: Statute of Limitations on Texas Auto Loan with Repo in Arizona

    Correct, there is no current judgement to my knowledge. What I am trying to determine is if any law (Arizona, Texas or otherwise) would extend the SOL to 6 years giving any creditor the opportunity to file for a judgement past the time we have already counted off. We are 4 1/2 years post auction, which leaves over a year if the SOL is actually 6 years.

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