Statute of Limitations in Kansas on Promissory Contract (Wichita: sale, rental)

[brandi122472]

Was wondering if anyone could answer this question:

In February of 2001, I bought a mobile home through Oakwood Acceptance. They stated that if anything went wrong with the mobile home during a year of owning it, that they would come and fix it. During the first couple of months, the hot water heater went out. Someone came out and fixed it. A few months later, all the outlets on one side of the mobile home didn't work. Also, the air conditioner went out. I tried to get someone to come out and fix the problems to no avail. I finally walked away from the home in July or August of 2001.

Now a Debt Collection Agency is trying to come after me for almost $42,000. I am worried that they are going to try to sue me. Can anyone tell me if the statute of limitation in Kansas would be up, and if so, would this be an absolute defense if they did try to sue me? BTW, the collection is no longer on my credit report.....,but they are sending me letters saying that they have been authorized to place this delinquincy on my credit report and that I should contact a lawyer about the laws in my state as to what they could do to collect the money.

I will appreciate any insight into this problem.

Thanks,
Worried in Wichita

[Samantha S]

Originally Posted by brandi122472

Was wondering if anyone could answer this question:

In February of 2001, I bought a mobile home through Oakwood Acceptance. They stated that if anything went wrong with the mobile home during a year of owning it, that they would come and fix it. During the first couple of months, the hot water heater went out. Someone came out and fixed it. A few months later, all the outlets on one side of the mobile home didn't work. Also, the air conditioner went out. I tried to get someone to come out and fix the problems to no avail. I finally walked away from the home in July or August of 2001.

Now a Debt Collection Agency is trying to come after me for almost $42,000. I am worried that they are going to try to sue me. Can anyone tell me if the statute of limitation in Kansas would be up, and if so, would this be an absolute defense if they did try to sue me? BTW, the collection is no longer on my credit report.....,but they are sending me letters saying that they have been authorized to place this delinquincy on my credit report and that I should contact a lawyer about the laws in my state as to what they could do to collect the money.

I will appreciate any insight into this problem.

Thanks,
Worried in Wichita

What do you mean you "walked away"? Did you return the thing to them? Did you cancel your contract with them? Do you have any paperwork from back then that says you were giving it back and canceling?

If you really just walked away and quit paying on it, then that was not the way to handle it, but nothing you can do about that now.

I find it rather odd that they are asking you to contact a lawyer to find out what they can do to you. It sounds as if the debt has been turned over to a collection agency and they work on commission. They will lie, threaten, yell and scream to squeeze a buck out of you because that's how they make their living - they keep a portion of whatever they collect.

If you have paperwork showing a cancellation of the contract signed by both you and the original dealer, I'd send them a copy of that tell them to KMA.

But I'm guessing you don't have that. In which case, I think I would run the risk of ignoring them. Only a judge can order you to pay and to get that, THEY have to hire a lawyer and sue you. Which costs them money win or lose AND even if they win, they still might not get paid (can't get blood from a turnip). So my guess is that they don't actually plan to sue you - but they hope that you will pay something. So if it were me, I'd do nothing.

Disclaimer: I am not a lawyer. I do not know the specifics of your situation. This is an anonymous discussion forum where people just post their opinions and most of time don't know what they are talking about. (Like now! ) If you want advice you can hang your hat on, talk to an attorney.

[Naptowner]

Sorry, but would it kill you to google "kansas statute of limitations contract?" Do that and you should find your answer pretty easily.

[berdee]

Originally Posted by brandi122472

Was wondering if anyone could answer this question:

In February of 2001, I bought a mobile home through Oakwood Acceptance. They stated that if anything went wrong with the mobile home during a year of owning it, that they would come and fix it. During the first couple of months, the hot water heater went out. Someone came out and fixed it. A few months later, all the outlets on one side of the mobile home didn't work. Also, the air conditioner went out. I tried to get someone to come out and fix the problems to no avail. I finally walked away from the home in July or August of 2001.

If you defaulted on the contract in 2001 then the debt is past the statute of limitations for collecting in Kansas. If you used the mobile home as your residence, then, after you walked away they should have done a repossession on it.

Had the creditor sent you all of the required repo notices before and after the sale of the mobile home? Did you leave a forwarding address after you left the mobile home (with the post office)?
You still live in Kansas?

Now a Debt Collection Agency is trying to come after me for almost $42,000. I am worried that they are going to try to sue me. Can anyone tell me if the statute of limitation in Kansas would be up, and if so, would this be an absolute defense if they did try to sue me?

Like I said, the debt is SOL. But, even though it is SOL that may not stop them from suing if they decide to. SOL is an affirmative defense and if they do sue you would have to answer the summons and claim the debt is SOL. If you deal with this correctly then they may never try to sue.

If you received their first dun letter to you within the past 30 days then send them a debt validation request. Even though it is SOL, by sending the validation request you would be protecting your rights. Do not sign your name on the request, only type your name or print your initials. Send it by certified mail return receipt.

After they respond, if they do, or after 35 days have passed from the date they signed the certified mail green card, then send them a SOL letter and tell them that the debt is SOL. Again, do not sign your name and send it certified mail return receipt. They would be true idiots if they tried to sue you after receiving a SOL letter from you.

You can find both debt validation and SOL letter templates, for free, on the web. There are tons of free sample letter templates out there. One thing you want to stay away from with some validation templates is the ones that ask for a ton of information, you don't want to mess with that, just keep it simple.
Do Not send a cease & desist letter without claiming SOL!!!

As for SOL, if it was your residence and not being used for rental property, etc., then it would fall under the UCC with a 4 year SOL. You would need to look up your states manufactured homes repossession statutes to get the statute that you need for your SOL letter. MH repoes are far stricter than vehicle repossession statutes. Be sure to read the full statutes for that to make sure the original creditor followed the law to a T.

As far as the Kansas statutes in general, the written statute of limitations is 6 years. Again, the debt would be past the collecting SOL.

BTW, the collection is no longer on my credit report.....,but they are sending me letters saying that they have been authorized to place this delinquincy on my credit report and that I should contact a lawyer about the laws in my state as to what they could do to collect the money.

That right there, about placing it on your credit reports, is a FDCPA violation. Threatening to do what they legally cannot do. If you defaulted in 2001 than it is far past the legal 7 year reporting period. In order for them to place it on your reports they would have to (illegally) re-age it.
You could sue them for up to $1k for their making that statement.

They may never sue, or, they may sue no matter if you ignore them or if you send the letters. By sending the letters you would have them on solid violations and if they do sue then you would answer with an affirmative defense of SOL, and, counter sue them for each and every violation they had committed, that way they cannot claim bona fide error of any or all violations. (filing suit on a time barred debt, or even threatening to, is also a violation)