Expired Debt Collection Threats

Summary

In Alabama, the statute of limitations for written contracts, such as car loans, is typically six years. If a car was repossessed 17 years ago, the statute of limitations has likely expired, making it unlikely for a lawsuit to proceed. If contacted about such a debt, document the call, send a cease and desist letter, and report any harassment to the Alabama Attorney Generals Office.

Full Conversation

I got a call from a man that said he is going to sue me over a car that I co-signed on and it was repossessed 17 years ago. I am on disability and I have a terminal lung disease and can't walk. Can he do that?
Hi ****,
I'm sorry to hear about your situation. Here are some important points regarding your case:
- In Alabama, the statute of limitations for written contracts, including car loans, is typically six years.
- If the car was repossessed 17 years ago, the statute of limitations has likely expired.
Would you like more information on how to handle this situation?
Yes please, he got really nasty with me.
Hi ****,
I'm sorry to hear you're dealing with this. Here are some steps you can take:
- **Document the Call**: Note the date, time, and any details you remember about the call.
- **Send a Cease and Desist Letter**: Inform the caller in writing that the statute of limitations has expired and any further contact will be reported.
- **Report Harassment**: If the calls persist, report them to the Alabama Attorney General's Office.
Would you like more details on how to write a cease and desist letter?
~Alabama Attorney General's Office
Phone: (*) *-*
Website: www.ago.alabama.gov
Yes!
Hi ****,
Here is a brief guide on writing a cease and desist letter:
- **Header**: Include your name, address, and the date.
- **Salutation**: Address the person who contacted you.
- **Body**:
- State that you are aware of the statute of limitations (6 years in Alabama for written contracts).
- Mention the car repossession occurred 17 years ago.
- Clearly request that they cease contact immediately.
- Mention that any further harassment will be reported to authorities.
- **Closing**: Sign your name.
Would you like a template to help you get started?
Yes, that would help
Hi ****,
Here is a template for a cease and desist letter to help you get started:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Date]
[Name of the Person Who Contacted You]
[Their Address]
[City, State, ZIP Code]
Dear [Name of the Person Who Contacted You],
I am writing to you regarding the phone call I received on [Date of Call], in which you claimed you intended to sue me over a car loan for a vehicle that was repossessed 17 years ago.
Please be advised that under Alabama law, the statute of limitations for written contracts, including car loans, is six years. As the repossession occurred 17 years ago, the statute of limitations has long expired.
I demand that you immediately cease all contact with me regarding this matter. Any further attempts to contact or harass me will be reported to the Alabama Attorney General's Office.
Sincerely,
[Your Name]
---
Would you like more information on reporting harassment to the Alabama Attorney General's Office?
I think you covered it pretty well. Thank you very much.
I'm glad I could help, ****. If you have any more questions or need further assistance in the future, feel free to reach out. Take care and best of luck with your situation.