Credit Advice

Have a question? Have advice to share? The combined knowledge and experience of everyone in the Credit Karma community can help you. Enter your question or help others below to get started!


Posted in Auto Loans
Profile Image

Question By

2 Contributions
5 People Helped
Being Sued... Statute Of Limitation May Bar Collector? 1099c?
A debt that I thought was dead revived itself recently when I was served a summons and complaint by the collection agency assigned to the debt.

First off, I'm a resident of Utah. I stopped paying on a car in 4/2008, the bank repoed the car in 12/08. This means I haven't paid a thing in over 7 years, my state's SOL is 6 years. When I was served I noticed they acknowledged a 'date of last activity' of 06/16/2009 - the summons was filed on 06/15/2015, literally 1 day prior to the 6 year mark from the DOLA. Upon further investigation I found their date of last account activity was actually the day the car was sold by the OC at auction and they were paid for it, which is over one year since the last time I ever made a payment on the loan.

The case is further confused by the fact that the OC filed a 1099c on 12/31/2011. I filed the 1099c with that years fed income taxes and I was subsequently required to pay taxes on the nearly $15k deficiency as if it were income. I've done research and found that the 1099c issue has caused a lot of headache for many and often times courts have allowed creditors to amend the 1099c in order to pursue the deficiency. The only problem with this is that I filed my tax returns with the 1099c in 2/2012 which means it cannot be amended due to the IRS 3 year statue of limitations.

My question is, does anyone know if Utah's SOL starts ticking at the DOLA, DOLP or DOFD? Also does anyone know any reason, if my state starts its SOL timeframe at the DOLA and the creditor filed one day prior to its expiration, is there any reason I can't use the 1099c and IRS SOL as an affirmative defense or in filing a motion to dismiss.

Any insight is greatly appreciated. Thanks in advance.

Your Credit Scores Should Be Free. And Now They Are.

View your scores and reports anytime.

All Responses

Result 1-1 of 1Results per page: 5 | 10 | 25Page 1 of 1   Previous | Next
Top Contributor
7816 Contributions
1501 People Helped

Helpful to 1 out of 1 people

I am not familiar with Utah law, but what you are saying makes sense to me. I don't see how they can win against you, unless you wouldn't show up to court, then they probably would win, so make sure you appear and state your defense. I would contact a consumer lawyer that deals with FDCPA cases in the state of Utah and get some advice from them on how to proceed. I wish you luck, sorry I could not be more helpful.

Result 1-1 of 1Results per page: 5 | 10 | 25Page 1 of 1   Previous | Next

Your Credit Scores Should Be Free. And Now They Are.

View your scores and reports anytime.


Reply to this Question

Write your response:
Enter Your Comments

The Credit Advice pages of the Site may contain messages submitted by users over whom Credit Karma has no control. Credit Karma cannot guarantee the accuracy, integrity or quality of any such messages. Some users may post messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Credit Advice pages and should not rely on messages in making (or refraining from making) any specific financial or other decisions.