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  1. #1
    Join Date
    Feb 2008
    Posts
    1

    Unhappy Repossession After Statute Of Limitations In Texas

    Ok, here's the situation, I'll try to make it as short and simple as possible.

    My husband was with someone else years ago. They bought a car, his name is first on the loan and hers is second. It was susposed to have been paid off as of 2004. We are just now finding out that she quit making payments on the car in 2002 or 2003. However, she still has the car! There is about a $4000 balance on the loan. They have never repo'd the car. We have asked the finance company multiple times why they didn't repo it or contact us and have got no response.

    Now the big question, how do we handle this? The SOL for written contract in Texas is 4 years. Can we take her to small claims court and make her pay it off or surrender it? We can't just go pick it up because we have no keys for the vehicle. If we can take her to small claims court, should we send her some type of letter of intent to sue to try and get her to pay it off, refinance it, or surrender it? We are just stuck and have no clue where to go from here! Any suggestions are greatly appreciated!

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

    Default Re: Repossession After Statute Of Limitations In Texas

    How do you handle what? You don't have any say in whether or not the lender repossesses. You apparently haven't paid off the loan yourselves, so you have no claim to recover that money from her. Unless your ex- is on the title he has no right to possession.

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