I am being sued by an attorney for a 6 yr. old repo?

Question

We bought a car from Ugly Duckling in 2001. the car fell apart after 5 months, and we sent it back to them in Feb. of 2002. They wouldnt fix anything that was wrong and we couldnt drive it. In Oct. of 2006, we got a request from them for our address and they sent us interrogitories that we promptly answered and sent back in March of 2007. On monday we got a letter in the mail asking for a summary judgement from the court. We took our interrogitories with our proof of sending to them to the court on Tuesday asking for a courtdate, because we are past the collecting SOL in Ga. because we are past the 6 year SOL for a written contract, and way past the 4 yr. sol for a voided contract. Can we win?

Update:

Nothing was ever filed before we got papers in Nov. of 2006

Update 2:

Last payment was Feb. 15th 2002

Update 3:

Interrogitories sent in Feb. 2007, answered them in March of 2007

$1,539,684,631,121 Clinton Debt · Accepted Answer

First, both parties must agree to void a contract, so I am sure they did not agree to void a contract.  If they did, do you have it in writing?  Second- When was the last time you gave ugly duckling a dime? (Car payment, repairs etc.) The SOL goes by the last time you gave them any money and not when you purchased the vehicle. You said they sent some request on in Oct 2006 and you returned them promptly back in March of 2007. Thats was not very promptly.  When did file for the judgement?  Was it less than 6 years appart from your last payment?  If you made your last payments in Janruary 2002 and they filed in Oct 2006, you will owe.  You did the right thing asking for a courtdate.

Anonymous · Answer

Not enough info.  The SOL stops when suit is filed.  Sounds like suit was filed long ago.  You need a lawyer to review the case history in order to answer your question.

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I am being sued by an attorney for a 6 yr. old repo?

2 Answers