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Mark Cappel
UpdatedMay 28, 2024

A debt collector is threatening to sue me for a truck I returned to a trucking company four years ago. What are my rights?

In 2006 I bite into a lease to own truck (18-wheeler) with the "verbal" offer that we (have witness) could turn the truck back to the trucking co. if it didn't work out. Well didn't read the "fine print" and comes out I was responsible for the loan and not the truck co. but when I quit the truck co. I was asked to take the truck back to the trucking co yard. fast forward to 2010. and I start getting phone call here and there, stating that I have a 29k balance and threading to sue me. when they took the truck back I was up-to-date on the payments, but told me the trucking co. was backing the loan and if I quit they needed the truck. I have a good credit score(800+) I am scared that I never heard anything since then, not even on my credit, other then the witness I have about the verbal offer, and that himself got given the option to:stay with the trucking co. because the co. backed loan or pay for the truck. I wasn't given that option, and are now saying that I "voluntary repo" the truck? what do you recommend? Could they had legally ask for the truck back when I was up-to-date? can they sue now without any letter or notification? I live in TX and the finance co. is from OH, and the trucking co is from IN.

For a general overview of your rights in a collection situation, please see the resource Texas Collection Laws.

Your case involved a lease contract I have not read. You have the added complication of a spoken contract that apparently modifies the terms of the written contract. It would be folly for me to offer an observation on your situation without a) reading the contract, and b) interviewing you to understand the content of the spoken contract.

Consult with a Texas attorney who has experience in contracts litigation. I realize an attorney's time is costly, but your alternative is very, very expensive if the creditor wants to extract $29,000 from you and has no legal basis for doing so.

I hope this information helps you Find. Learn & Save.



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RRv trader, Oct, 2010
Thanks for sharing this perfect solution.