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I Owned a Car and Gave It to My Sister. She Totaled It. Creditor Wants Fines. – Johana

Written by Consumer

I owned a car in oregon from 1997-2003, after which I gave said car to my sister and then she totaled it in 2005.

This morning I opened a letter, a creditor is asking me to pay 1600 in fines from 2002 on this car. It seems to me that this has exceeded any statute of limitations for either Oregon or California (the state in which I live now). What should I do? I feel that I am being targeted by a scavenger creditor.

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Consumer

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6 Comments

  • If I were you, I would double-check the statute of limitations just to be sure you have them correct….normally they range from 4-7 years depending on the type of debt / account and the State in which you reside. Once you confim that the statute of limitations has expired, I would send a drop dead response to the Creditor in writing with a return receipt / delivery confirmation that states that this debt is well outside of the SOL and that any firther attempt on their part to contact you will result in you filing an action against them for their violation of the FCRA (Fair Credit Reporting Act). I would also make sure that since this has now popped up, that you monitor your credit report to ensure that they do not attempt to put any derrogatory marks on it. The SOL typically begins around 30 days from the 1st delinquency. If they are claiming the date on these fines is 2002, you should not have anything to worry about. That said, these people are sleezy so make sure you protect yourself and monitor your credit carefully. Also, keep copies of any letters or communications you send to them along with the return receipts that will be returned to you in the mail. Good luck!

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