New York debt collection law, debtor's rights if cosignor files for bankruptcy

3 years no notice:: 3 Year old debt: I had a cosigner on a vehicle being financed. After graduating I was unemployed for a few months and my payments were late ever other month for about 5 months but paid. My cosigner filed for bankruptcy and listed the vehicle under the bankruptcy agreement. After her BK was succesfully completed the financing comany contacted me and ask me if I wanted to keep the car or give it ip. I opted to give it up. Once they received the vehicle, I received zero correspondence of any sort about the vehicle or for payments. This was in 2005. Now in 2008 I received a call saying I owe $5300, which is the difference after the vehicle was sold in an auction. The call to me was made on a monday requesting payment by that wednesday. The company informed me that if I didn't make a payment they will start processing what I assume will be a litagation. Of course I could not make such payment. What am I in for, and do I have any rights being that I received insufficient notice of this debt?
Additional information
I purchased the vehicle in Aug 2002, the issue with the late payments didn't arise until end of 2003 beginning of
2004. I then became stable and then the cosigner declard Bankruptcy in 2005.
Answer this question Add to list

Answers (2)

Elliott M. Portman

Elliott M. Portman

Contributor Level 6
The hard fact is that they are within the time frame to start a lawsuit against you for the deficiency. You have to look to the Note to figure out your rights on their claim.

If your co-signor discharged this debt in bankruptcy, the obligation is now yours alone. Perhaps an offer of a payment plan would be appropriate.
2 3
Jay Stuart Fleischman

Jay Stuart Fleischman

Contributor Level 4
I agree that you need to look at your contract because this document will govern the statute of limitations on the debt. NY has a 6 year SOL, but some contracts look to other states for their governing law.

If another state's law is chosen, you may be governed by that state's law on collections rather than NY.
0 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.