Dealing with Debt

questions & answers

Question: I made a huge mistake by cosigning on a car loan for a girlfriend back on 09/15/08. She only made 9 payments on the vehicle then let it go back to the bank. It’s been almost 6-1/2 years since she made her last payment and now they’re coming after me, after all these years have gone by. I was told that Arizona Statute of Limitations A.R.S. § 47-2725 is four (4) years for auto loans. But their attorney is ignoring that and coming after me regardless. It's now October 2015 and they are coming after me for the loan amount + interest totaling $13,000 altogether. I'm retired and living solely on Social Security of $1,776 per month and two small pensions totaling $624 which = $2,400 per month. And I'm living with my daughter to make ends meet. Therefore I can't afford to pay theses people. I had an initial pre-trial conference on 10/8/15 and represented myself because I can’t afford an attorney. It was determined that there will be a trial on 12/14/15. I told the loan company in court “that I have no money and living on $2,400 per month and living with my daughter to make ends meet, and they’re still pursuing the trial date. My questions are: 1) Will the Arizona Statute of Limitations A.R.S. § 47-2725 four (4) years get me out of this mess completely? 2) I've been told and read online that Social Security income and Pensions “cannot be garnished”. Do you know if this is true? If it's true then I have nothing to worry about and won't need to file bankruptcy. 3) If I lose my case can I file bankruptcy on a judgement that's been awarded against me? 4) Can they levy / garnish my checking account where my Social Security checks and Pension checks are electronically deposited? Thank You for your help.

Answer:

Inability to repay a debt is a difficult means of avoiding liability; however, A.R.S. § 47-2725 providing a four (4) year Statute of Limitations for auto loans, is a viable defense.  Assuming the breach/nonpayment occurred 6 ½ years ago and the lender did not begin attempting collection until this year, the 4 year requirement should be deemed applicable.  You must advise the court of your Statute of Limitations “Affirmative Defense”, preferably in writing, after which the court should dismiss the lender's lawsuit.  However, to best protect yourself, you should seek free or low-cost legal assistance with your case. You can go to http://azlawhelp.org/ and apply on line, or you can call our Legal Learn Center at 866-637-5341. 

QUESTIONS

  • I made a huge mistake by cosigning on a car loan for a girlfriend back on 09/15/08. She only made 9 payments on the vehicle then let it go back to the bank. It’s been almost 6-1/2 years since she made her last payment and now they’re coming after me, after all these years have gone by. I was told that Arizona Statute of Limitations A.R.S. § 47-2725 is four (4) years for auto loans. But their attorney is ignoring that and coming after me regardless. It's now October 2015 and they are coming after me for the loan amount + interest totaling $13,000 altogether. I'm retired and living solely on Social Security of $1,776 per month and two small pensions totaling $624 which = $2,400 per month. And I'm living with my daughter to make ends meet. Therefore I can't afford to pay theses people. I had an initial pre-trial conference on 10/8/15 and represented myself because I can’t afford an attorney. It was determined that there will be a trial on 12/14/15. I told the loan company in court “that I have no money and living on $2,400 per month and living with my daughter to make ends meet, and they’re still pursuing the trial date. My questions are: 1) Will the Arizona Statute of Limitations A.R.S. § 47-2725 four (4) years get me out of this mess completely? 2) I've been told and read online that Social Security income and Pensions “cannot be garnished”. Do you know if this is true? If it's true then I have nothing to worry about and won't need to file bankruptcy. 3) If I lose my case can I file bankruptcy on a judgement that's been awarded against me? 4) Can they levy / garnish my checking account where my Social Security checks and Pension checks are electronically deposited? Thank You for your help.

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