SOL collections for Repo

[mySavannah]

Hi, I hope I am posting in the correct area, this is my first day on this site!

 

My situation:

 

My father co-signed a credit union car loan for me in 2003, in 2004 I began to be late making payments and the car was repo'd late that year.

 

I filed BK in 2005 and the car was included. Haven't heard anything since.....Until......

 

6 months ago my poor mother got an intimidating phone call from some collection agency saying that if they didn't send them a payment they were going to start garnishing my father's wages. Unknowing and being intimidated, she sent them $100. and she has continued to pay $100 when she can.

 

My question is, other than how is that legal for them to misrepresent and intimidate someone, were the SOL up on that debt?? How can they being collection again after so many years?

 

My parents live in Colorado, that is where the loan was originated. This collection company is in Wyoming.

 

Any advice or information would be greatly appreciated!

 

Thanks again.

 

[moosetracks]

Well it would have been better if they never spoke to the CA or made a payment it was past the SOL. Am not sure if CO is a state that allows the SOL to restart if one makes a payment, if it is not I would advise to cease any form of payments and just ignore them. Here is the general info on CO:

 

COLORADO

INTEREST RATE

Legal: 8%

Judgment: 8% (or higher if specified in contract or note)

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 3

Written Contract: 6 (signed promissory note)

Written Contract Goods Services: 3

Domestic Judgment

District Court-20 (renewable every 20)

County Court-6 (renewable every 6)

Foreign Judgment: 6 in CO.

BAD CHECK LAWS (CIVIL PENALTY)

Treble Damages & Reasonable Fees

GENERAL GARNISHMENT EXEMPTIONS

See federal law.

COLLECTION AGENCY BOND & LICENSE

Bond: $12,000 - 20,000

License: Yes

Fee: Determined by collection agency board

Exemption for out-of-state collectors: Out of state collectors
are exempt if [1] collecting only by interstate means (phone, fax,
mail); [2] have no Colorado client; and [3] are regulated and licensed
in the state in which they reside.