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Car Repossession Legal Defense
Summary
In Oklahoma, the statute of limitations for written contracts is 5 years. If a car was repossessed in 2017, the debt may be time-barred. If the primary owners Chapter 7 bankruptcy included the debt, you might not be liable. Coercion, if proven, can nullify a contract. Consider filing a motion to dismiss based on these defenses. Include your motion with your response to the certificate of service of discovery, and send copies to both the court and the plaintiffs counsel.Full Conversation
Pierre
Hi Pierre! What's the legal issue you're dealing with, and where are you located? This will help me provide the most accurate information.
I received a certificate of service if discovery for car repo in Oklahoma i was coerced into being a co-signer by the car salesman. The car was repoed *, over the statute of limitations and the car was included in a chapter * bankruptcy by the primary car owner. I never received any mail and even if I wouldn’t have comprehended it.
Hi Pierre, it sounds like you have a few legal issues here regarding the car repossession and your role as a co-signer. Here are some key points:
- Statute of Limitations: In Oklahoma, the statute of limitations for written contracts is 5 years. If the car was repossessed in *, it may be over the limit.
- Bankruptcy: If the primary owner included the debt in a Chapter * bankruptcy, it might affect your liability.
- Coercion: Being coerced into signing a contract can be a defense, but it requires proof.
Have you consulted with a bankruptcy or consumer rights attorney regarding this situation?
- Statute of Limitations: In Oklahoma, the statute of limitations for written contracts is 5 years. If the car was repossessed in *, it may be over the limit.
- Bankruptcy: If the primary owner included the debt in a Chapter * bankruptcy, it might affect your liability.
- Coercion: Being coerced into signing a contract can be a defense, but it requires proof.
Have you consulted with a bankruptcy or consumer rights attorney regarding this situation?
Affect my liability in what way?
Pierre, here’s how these factors could affect your liability:
- Statute of Limitations: If the debt is beyond the *-year limit, you might not be legally required to pay.
- Bankruptcy: The primary owner's Chapter * bankruptcy may discharge your liability if the debt was included.
- Coercion: If proven, coercion could nullify your obligation under the contract.
Have you received any legal notices or been contacted by debt collectors recently?
- Statute of Limitations: If the debt is beyond the *-year limit, you might not be legally required to pay.
- Bankruptcy: The primary owner's Chapter * bankruptcy may discharge your liability if the debt was included.
- Coercion: If proven, coercion could nullify your obligation under the contract.
Have you received any legal notices or been contacted by debt collectors recently?
I am defending myself
Got it. Here are some next steps you can consider:
- Statute of Limitations: If it's been over 5 years since the car was repossessed, you may not be liable.
- Bankruptcy: Check if the debt was discharged in the primary owner's bankruptcy.
- Coercion: Gather any evidence that supports your claim of coercion.
Have you responded to the certificate of service or filed any motions in court yet?
- Statute of Limitations: If it's been over 5 years since the car was repossessed, you may not be liable.
- Bankruptcy: Check if the debt was discharged in the primary owner's bankruptcy.
- Coercion: Gather any evidence that supports your claim of coercion.
Have you responded to the certificate of service or filed any motions in court yet?
The debt was charged in the primary owner’s bankruptcy
Given your situation, Pierre, here are some important points:
- Statute of Limitations: The debt appears to be over the *-year limit in Oklahoma.
- Bankruptcy: If the debt was discharged in the primary owner’s Chapter * bankruptcy, you might not be liable.
- Coercion: If you can prove coercion, it could nullify your obligation.
Have you checked the bankruptcy discharge papers to confirm the debt was included?
- Statute of Limitations: The debt appears to be over the *-year limit in Oklahoma.
- Bankruptcy: If the debt was discharged in the primary owner’s Chapter * bankruptcy, you might not be liable.
- Coercion: If you can prove coercion, it could nullify your obligation.
Have you checked the bankruptcy discharge papers to confirm the debt was included?
How could go about proving coercion
To prove coercion, consider the following:
- Evidence of Threats or Intimidation: Any written or recorded communications where the salesman pressured you.
- Witnesses: Any third parties who witnessed the coercion.
- Behavioral Evidence: Any actions taken under duress, such as signing the contract unwillingly.
Have you gathered any of these types of evidence?
- Evidence of Threats or Intimidation: Any written or recorded communications where the salesman pressured you.
- Witnesses: Any third parties who witnessed the coercion.
- Behavioral Evidence: Any actions taken under duress, such as signing the contract unwillingly.
Have you gathered any of these types of evidence?
Behavioral evidence?
Behavioral evidence refers to actions and circumstances that demonstrate you were coerced into signing the contract. Here are some examples:
- Signing the contract reluctantly or under visible stress.
- Immediate complaints or expressions of regret to friends, family, or colleagues.
- Any changes in behavior or decisions made under duress.
Have you documented or can you recall any specific behaviors or situations that could support your claim?
- Signing the contract reluctantly or under visible stress.
- Immediate complaints or expressions of regret to friends, family, or colleagues.
- Any changes in behavior or decisions made under duress.
Have you documented or can you recall any specific behaviors or situations that could support your claim?
I was only there as transportation for the primary owner once her credit alone wouldn’t approve the car the salesman pressured me into co-signing
Pierre, it sounds like you have a potentially strong case, especially with the statute of limitations and the bankruptcy discharge. For coercion, the key is to document any specific behaviors or actions that show you were pressured.
Have you considered consulting with a consumer rights attorney to discuss your evidence and next steps?
Have you considered consulting with a consumer rights attorney to discuss your evidence and next steps?
Can you help me deny each request according to the law
Pierre, here's how you can address each request based on the information and your situation:
*. Statute of Limitations: Since the car was repossessed in *, the *-year statute of limitations in Oklahoma has likely expired. You can deny any payment requests on this basis.
*. Bankruptcy: If the debt was included in the primary owner’s Chapter * bankruptcy and discharged, you can deny liability as the debt should no longer legally bind you.
*. Coercion: For coercion claims, you would need to present evidence. If you can show that you were pressured into signing unwillingly, you might be able to argue that the contract is void.
Have you obtained all relevant documents, like the bankruptcy discharge papers, to support your case?
*. Statute of Limitations: Since the car was repossessed in *, the *-year statute of limitations in Oklahoma has likely expired. You can deny any payment requests on this basis.
*. Bankruptcy: If the debt was included in the primary owner’s Chapter * bankruptcy and discharged, you can deny liability as the debt should no longer legally bind you.
*. Coercion: For coercion claims, you would need to present evidence. If you can show that you were pressured into signing unwillingly, you might be able to argue that the contract is void.
Have you obtained all relevant documents, like the bankruptcy discharge papers, to support your case?
Yes
Pierre, you're in a strong position with the statute of limitations and bankruptcy discharge working in your favor. Here's a summary of your next steps:
*. Statute of Limitations: Assert that the debt is beyond the *-year limit.
*. Bankruptcy: Confirm and present the discharge papers to deny liability.
*. Coercion: Collect and present any evidence of pressure or reluctance.
Would you like guidance on how to formulate your responses to these requests?
*. Statute of Limitations: Assert that the debt is beyond the *-year limit.
*. Bankruptcy: Confirm and present the discharge papers to deny liability.
*. Coercion: Collect and present any evidence of pressure or reluctance.
Would you like guidance on how to formulate your responses to these requests?
Yes
Pierre, you're in a strong position to defend yourself. Here’s a concise outline for your responses:
*. Statute of Limitations:
- "The debt is beyond Oklahoma's *-year statute of limitations for written contracts."
*. Bankruptcy:
- "The debt was included and discharged in the primary owner’s Chapter * bankruptcy."
*. Coercion:
- "I was coerced into signing under pressure from the salesman, making the contract void."
Would you like more detailed guidance on drafting these responses?
*. Statute of Limitations:
- "The debt is beyond Oklahoma's *-year statute of limitations for written contracts."
*. Bankruptcy:
- "The debt was included and discharged in the primary owner’s Chapter * bankruptcy."
*. Coercion:
- "I was coerced into signing under pressure from the salesman, making the contract void."
Would you like more detailed guidance on drafting these responses?
Yes
Pierre, here’s a more detailed outline for your responses:
*. Statute of Limitations:
- "According to Oklahoma law, the statute of limitations for written contracts is 5 years. The car was repossessed in *, making the debt beyond the legal limit for collection."
*. Bankruptcy:
- "The debt in question was included and subsequently discharged in the primary owner’s Chapter * bankruptcy. Therefore, I am not liable for this debt."
*. Coercion:
- "I was coerced into signing the contract under pressure from the car salesman. This coercion invalidates my obligation under the contract."
Would you like any specific phrases or legal terminology to include in your responses?
*. Statute of Limitations:
- "According to Oklahoma law, the statute of limitations for written contracts is 5 years. The car was repossessed in *, making the debt beyond the legal limit for collection."
*. Bankruptcy:
- "The debt in question was included and subsequently discharged in the primary owner’s Chapter * bankruptcy. Therefore, I am not liable for this debt."
*. Coercion:
- "I was coerced into signing the contract under pressure from the car salesman. This coercion invalidates my obligation under the contract."
Would you like any specific phrases or legal terminology to include in your responses?
Should I motion for dismiss or allow the courts to make that decision after I respond to the certificate of discovery
Pierre, considering your situation, it might be beneficial to file a motion to dismiss based on the following points:
- Statute of Limitations: The debt is over 5 years old.
- Bankruptcy: The debt was discharged in the primary owner's Chapter * bankruptcy.
- Coercion: You have evidence of being pressured to co-sign.
Would you like guidance on drafting a motion to dismiss?
- Statute of Limitations: The debt is over 5 years old.
- Bankruptcy: The debt was discharged in the primary owner's Chapter * bankruptcy.
- Coercion: You have evidence of being pressured to co-sign.
Would you like guidance on drafting a motion to dismiss?
Yes
Pierre, here's a basic outline to help you draft your motion to dismiss:
*. Introduction:
- State your name and your role as a co-signer.
- Mention the case number and court details.
*. Grounds for Dismissal:
- Statute of Limitations:
- "Under Oklahoma law, the statute of limitations for written contracts is 5 years. The car was repossessed in *, making the debt beyond the legal limit for collection."
- Bankruptcy:
- "The debt in question was included and subsequently discharged in the primary owner’s Chapter * bankruptcy, relieving me of liability."
- Coercion:
- "I was coerced into signing the contract under pressure from the car salesman, which invalidates my obligation under the contract."
*. Conclusion:
- Request the court to dismiss the case based on the above points.
*. Attachments:
- Include any relevant documents, such as the bankruptcy discharge papers.
Would you like more detailed guidance or specific legal terminology to include?
*. Introduction:
- State your name and your role as a co-signer.
- Mention the case number and court details.
*. Grounds for Dismissal:
- Statute of Limitations:
- "Under Oklahoma law, the statute of limitations for written contracts is 5 years. The car was repossessed in *, making the debt beyond the legal limit for collection."
- Bankruptcy:
- "The debt in question was included and subsequently discharged in the primary owner’s Chapter * bankruptcy, relieving me of liability."
- Coercion:
- "I was coerced into signing the contract under pressure from the car salesman, which invalidates my obligation under the contract."
*. Conclusion:
- Request the court to dismiss the case based on the above points.
*. Attachments:
- Include any relevant documents, such as the bankruptcy discharge papers.
Would you like more detailed guidance or specific legal terminology to include?
Yes
Pierre, here's a more detailed outline for your motion to dismiss with specific legal terminology:
*. Introduction:
- "I, Pierre [Last Name], am the defendant in this case involving [Case Number] in the [Name of Court]. I respectfully move this Court to dismiss the case on the following grounds."
*. Grounds for Dismissal:
- Statute of Limitations:
- "Pursuant to Oklahoma Statutes, Title *, Section *, the statute of limitations for written contracts is 5 years. The car in question was repossessed in *, thus rendering any claim for collection barred by the statute of limitations."
- Bankruptcy:
- "The debt was included and subsequently discharged in the primary owner’s Chapter * bankruptcy, Case No. [Bankruptcy Case Number], filed in the [Name of Bankruptcy Court]. As a result, I am released from any liability associated with this debt."
- Coercion:
- "I was coerced into signing the contract under undue pressure from the car salesman. This coercion nullifies my obligation under the contract, as per Oklahoma law, which requires consent tobe free and voluntary for a contract to be valid."
*. Conclusion:
- "Based on the aforementioned grounds, I respectfully request that the Court dismiss this case with prejudice."
*. Attachments:
- "Attached are the relevant documents, including the bankruptcy discharge papers and any supporting evidence of coercion."
Would you like any further assistance with this, or do you have any other questions?
*. Introduction:
- "I, Pierre [Last Name], am the defendant in this case involving [Case Number] in the [Name of Court]. I respectfully move this Court to dismiss the case on the following grounds."
*. Grounds for Dismissal:
- Statute of Limitations:
- "Pursuant to Oklahoma Statutes, Title *, Section *, the statute of limitations for written contracts is 5 years. The car in question was repossessed in *, thus rendering any claim for collection barred by the statute of limitations."
- Bankruptcy:
- "The debt was included and subsequently discharged in the primary owner’s Chapter * bankruptcy, Case No. [Bankruptcy Case Number], filed in the [Name of Bankruptcy Court]. As a result, I am released from any liability associated with this debt."
- Coercion:
- "I was coerced into signing the contract under undue pressure from the car salesman. This coercion nullifies my obligation under the contract, as per Oklahoma law, which requires consent tobe free and voluntary for a contract to be valid."
*. Conclusion:
- "Based on the aforementioned grounds, I respectfully request that the Court dismiss this case with prejudice."
*. Attachments:
- "Attached are the relevant documents, including the bankruptcy discharge papers and any supporting evidence of coercion."
Would you like any further assistance with this, or do you have any other questions?
Should I motion for dins
Pierre, considering your situation with the statute of limitations, bankruptcy discharge, and potential coercion, filing a motion to dismiss seems like a strong option.
Would you like help in drafting the actual motion to dismiss document?
Would you like help in drafting the actual motion to dismiss document?
when I mail my response to the certificate of service of discovery should I also include my motion for dismiss
Pierre, yes, you should include your motion to dismiss along with your response to the certificate of service of discovery. This helps ensure the court considers your motion promptly.
Would you like any more assistance in drafting your response or the motion to dismiss?
Would you like any more assistance in drafting your response or the motion to dismiss?
When i respond to the certificate of discovery should I send the court a copy of my responses to the plaintiffs counsel
Pierre, yes, you should send a copy of your responses to the plaintiff's counsel as well as to the court. This ensures that both parties are aware of your responses and the motion to dismiss.
Would you like any further guidance on the format or content of your responses?
Would you like any further guidance on the format or content of your responses?
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