I am being sued?

Without knowing how you answered the summons (if you claimed an affirmative defense of SOL, etc), how you answered the interrogatories, how your Rules of Civil Procedure (RCP) is with amending answers or including new info, if you signed anything when you turned the vehicle over which may have waived your rights, etc., etc., etc.......

If you haven't read your Rules of Civil Procedure (RCP) you can find them in the following link, just click on your district

http://www.findlaw.com/10fedgov/judicial/district_...

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To begin with, when there is a repo, the repo voids the original contract. What is left is the deficiency, which is "not" a contract and does "not" fall under the written statutes.

The deficiency actually falls under the UCC with a 4 year SOL.

§ 2-725. Statute of Limitations in Contracts for Sale. (the UCC)

(1) Except as otherwise provided in this section, an action for breach of any contract for sale must be commenced within the later of four years after the right of action has accrued................

UCC § 2-725.

http://www.law.cornell.edu/ucc/2/

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Under the UCC § 9.506 (and Ga.'s State RISA and MVISA statutes - you may want to look them up) a deficiency can't be claimed unless all of the required notices were properly and timely given, and all of the allowable redemption and cure time limits were adhered to.

UCC § 9.506

http://www.law.cornell.edu/ucc/9/9-506.html

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IF they failed to send you a notice, by registered or certified, etc., "within 10 days after the repo" claiming their intention of persuing the deficiency - they would have wiaved their rights in claiming one "now".

Georgia State Code 10-1-36

[an excerpt of the Code]

When any motor vehicle has been repossessed after default in accordance with Part 5 of Article 9 of Title 11, the seller or holder shall not be entitled to recover a deficiency against the buyer unless within ten days after the repossession he forwards by registered or certified mail or statutory overnight delivery to the address of the buyer shown on the contract or later designated by the buyer a notice of the seller's or holder's intention to pursue a deficiency claim against the buyer

http://www.lawskills.com/code/ga/10/1/36/

(the above link also includes case law)

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The collecting SOL on the deficiency starts on the date the vehicle was sold that created the deficiency.

"Not" on the date of default.

If your SOL defense is based on the written SOL statutes, you may have problems in using that defense.

If it was repo'd and sold in 2002 and you tried to use your states written defense of SOL, it would not be past SOL until sometime in 2008 (6 years from the date of sale)

If they filed suit before the SOL date then the SOL would have tolled, which means the SOL stopped running on the date they "filed" the suit.

But .........

Since repo's actually fall under the UCC for SOL, and if it has been 4+ years from the date of sale to when they "filed" suit, you "are" past SOL but you "must" claim an affirmative defense of SOL according to the UCC and not your states written SOL statutes.

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I know that crazyjester sent an email to you (thanks for all the help cj) and I hope you follow his suggestion.

The statute of limitations limit the time to FILE a suit. If their attorney dropped the papers off with the court clerk 5 years and 364 days after the default, then it's a valid suit.

The time it takes the case to go through the court is not limited, so there is nothing to gain by stalling. You may even have to pay more because the judge may award accrued interest, which will accrue through the time the case is in court.

There are not enough details for anyone to tell if a statute of limitations applies. What is the SOL for that type of debt in your state? If you left the state for any period of time, the SOL clock does not tick during the time you were out of state. So SOL might not even apply if you fled the state.

SOL is only a defense if it does apply and you bring it up in court before a judgement is issued.