Our next question is, what is the statute of limitations on a car loan? Here's what the person means by that: if you have a car loan and the car company claims you defaulted on it, whether it's with Santander, Citibank, Capelin Auto, or any other lender, now we have debt buyers like Auto Best and Kaskade Capital LLC, who are filing a significant number of lawsuits in Alabama. These debt buyers often sue well after the statute of limitations has expired, so let's discuss the statute of limitations on a car loan. Not every car loan has the same statute of limitations, but in almost every case we've seen, it is four years. In Alabama, breach of contract typically has a statute of limitations of six years, but car loans are governed by a different law. So, usually, it's four years. When does the four-year period start? Generally, it starts when you miss your payments, and it definitely starts when the car is repossessed, and they inform you that you have to pay the full amount immediately. If you fail to pay at that point, the statute of limitations begins. Here's what we often encounter: let's say Cascade filed a lawsuit in October 2015 for a repossession that happened back in 2008. After repossessing the car, they sell it and send you a letter stating that you still owe them ten thousand dollars, as they sold the car for five thousand. However, the statute of limitations started before then and should have been brought up in 2012, not 2015. So, what does this mean for you? Can you claim that they sued you too late? With Auto Best and Cascade Capital, you may have additional defenses. One defense is that they don't actually own the debt they're suing you for. They may...
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Alabama repossession laws Form: What You Should Know
The Repossession of Motor Vehicles in Alabama law gives us an opportunity to fix any of the problems that a repossession company could cause to a car. Alabama state law allows a creditor to repossess, without your consent or knowledge, your car if it has been repossessed by an attorney, law, lender, or a public agency. If we are involved in a repossession we will find an attorney, lender, attorney's office, or public agency, to deal with the matter. Â This will help to clear up any problems we have with the repossession. We will take your home and place it into foreclosure until the legal process plays out. Â This means we will have no control over the property once we release it. If we own an asset it will be returned to us. If we put an asset into foreclosure we will send you a notice and give you the option to negotiate a payment that is fair. This is different from defaulting on a loan. The lender is going to continue to have that asset until you settle your financial obligations. If you are involved in a repossession you should consult with an Alabama attorney familiar with the Auto Repossession Law. Alabama Auto Repossession Law is unique. Â When we start a repossession case, our priority is to determine if we have a right to have the repossession, or any assets of the vehicle, returned. Â We do not necessarily want to get anyone in trouble and this is why we have to work within the context of the Auto Repossession Law. The Auto Repossession Law gives creditors who repossess a vehicle a right to have all the property put into default. If the creditor does not have a right to own the vehicle, or the debtor has made other arrangements to pay the debt, then the creditor is not obligated to deliver the vehicle or the repossession will go through. The Auto Repossession Law gives us the opportunity to keep our vehicle, if our creditors have no right to the vehicle. This is helpful because with an Auto Repossession Law in place, we will be able to get our car back without having to pay the bank any money. Most repossession companies will try to sell your vehicle for as much as they can. They will attempt to sell your vehicle and not send the notice to you or go to court to try and get it back, if we are not involved yet the creditors will try to sell the vehicle. We are the last person they want being involved.
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