car repossessed b4 it was totalled by insurance

by michellewhann » Sun May 22, 2011 09:57 pm

in 2002 i totalled my new kia, they repossessed it before the insurance adjuster could view it to render it a total loss, now 9 years later they are trying to collect a judgement, my souse since filed bankrupt and we have divorced, i am on ssi permant disabled what can they do shouldnt they collect from mercury i had full coverage then

Total Comments: 2

Posted: Mon May 23, 2011 01:57 am Post Subject:

You let this go for 9 years and decided now to deal with it? Not the best of moves.

Your lien holder is under no obligation to collect from your insurance (though, that would probably have been a better route for them. I suspect there is more to that). You had the contract with your insurance company so _you_ should have pursued that 9 years ago. As it is, most likely the statute of limitations has passed so no one can collect from them now. When you were sued you should have brought your insurance company into the lawsuit.

Bottom line... unfortunately you did not take action 9 years ago when you should have. If you don't have money now then I'd not be too concerned over this.

Posted: Mon May 23, 2011 11:24 am Post Subject:

Yes, I too don't think it's wise to pursue it after a long gap of 9 years. They can't garnish your SSI benefits at least.

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