QUESTION
If i got a car loan in 2004, can i be sued for the balance in 2012? Can I legally declare that don''t owe this money?
Asked on Aug 13th, 2012 on Breach of Contract - Oklahoma
More details to this question:
I got a car loan in 2004, Tulsa Ok. The company re-poed it and then supposedly sold it at auction for $5000. That is a guess because i''m being sued for right under 8000, when the loan was for 12,000. The SOL is 5 years fro a contract in OK.
Tulsa, OK. Case CS-2004-903
1 ANSWER
The "SOL" you referred to is the Statute of Limitations to file the lawsuit. The case number CS-2004-903 indicates they filed the lawsuit in 2004. The docket sheet in your case (which you can see at www.oscn.net) shows they got their judgment in 2004. Judgments in Oklahoma become dormant after 5 years if no action is taken to collect them. This is different from the SOL because it can be renewed or extended by taking action to collect, unlike a SOL which can not be extended. In your case they issued a garnishment in 2008 which gives them a new 5 year period from that time. What they are doing now is making you come to court to tell them about your assets, a "Hearing on Assets," which is a collection procedure, not a new lawsuit.
Answered on Aug 16th, 2012 at 3:56 PM