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  1. #1
    Join Date
    Jul 2007
    Posts
    2

    Default Threatened Lawsuit Over Car Repo

    Ok here's the story the car was financed in GA(6/99) and repo'd GA (early 2002) I moved in 7/02 to OH. Not sure if I got any letters from them, I know I didn't sign for any letters. My CR states it should fall off 10/08. Last week I get a letter from an OH lawyer stating their firm has been retained to initiate a lawsuit to collect 7,500 (increasing monthly) unless I pay full amount or contact them to set up repayment.

    OH SOL for written contracts is 15yr, but I have read in other forums that it is different for repo's- 4yr from date of sale.

    I really don't have the $ and they have the car. It's been over 5yrs do I have any options other than wage garnishment or payment plan.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Threatened Lawsuit Over Car Repo

    Ohio law states,
    Quote Quoting O.R.C. § 2305.03 - Lapse of time a bar
    (A) Except as provided in division (B) of this section and unless a different limitation is prescribed by statute, a civil action may be commenced only within the period prescribed in sections 2305.04 to 2305.22 of the Revised Code. If interposed by proper plea by a party to an action mentioned in any of those sections, lapse of time shall be a bar to the action.


    (B) No civil action that is based upon a cause of action that accrued in any other state, territory, district, or foreign jurisdiction may be commenced and maintained in this state if the period of limitation that applies to that action under the laws of that other state, territory, district, or foreign jurisdiction has expired or the period of limitation that applies to that action under the laws of this state has expired.
    In other words, if raised as a defense and established as shorter than Ohio's limitation period, Georgia's statute of limitations applies. I'm not sure that this would have an impact in the present case, though. The Ohio case of N. Shore Auto Fin., Inc. v. Block, 2003 Ohio 3964 (Ohio App, 8th Dist, 2004), applied a six year limitations period to a car repo case under Ohio's "Retail Installment Sales Act". I supsect, also, that a six year limitations period would apply under Georgia law.

  3. #3
    Join Date
    Jul 2007
    Posts
    2

    Default Re: Threatened Lawsuit Over Car Repo

    Thanks for the info, I have been reading everywhere and thought maybe the ORC 1302.98 and 2305.09 would be helpful in a defence, anyone's opinion

    Thanks again

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