It can be used earlier than 2 years from the repo date if you are SURE you received no notices of the sale.
To look up the required data on the vehicle, you will need the VIN #, go to
I am writing in regard to the above referenced accounts and transactions.
This is not a refusal to pay, but a notice that this account is disputed.
This vehicle was repossessed by (name of OC) in the State of (X) on or about, xx/xx/xxxx, and resold on or about xx/xx/xxxx.
Under the laws of the State of (State of Repo) UCC § 9.506 and State RISA and MVISA statutes a deficiency can not be claimed unless all of the required notices were properly and timely given, and all of the allowable redemption and cure time limits were adhered to.
Please provide copies of the legal notices and proof of the commercially reasonable manner of the resale of the subject vehicle.
If no such proof is provided within 14 days from receipt of this notice, the alleged claim of a deficiency will be considered null and void, and any continued collection activities, or continued reporting of this invalid claim on my credit reports will be considered a violation of the FDCPA and FCRA.
In addition, if you singularly or severally fail to comply with the above requests, I reserve the right to seek damages against all parties, under all available State and Federal statutes and UCC § 9 remedies.
FOLLOW UP DISPUTE LETTER TO CRA
I am writing you regarding account # xxxx on my report #xxxx from XXXX. This account is a fraudulent entry on my report. I have disputed it with (name of OC) and (name of CA). I have no such account from this creditor for this date in this amount.
Please advise me of the manner of any verification of this fraudulent account, and the name and address of the verifying party as I will be taking appropriate legal action and filing complaints with the FTC, CFPB and (name of your State)Attorney General's Office.
Please note that your Credit Reporting Agency is now subject to Federal consumer financial laws, including, among others, the FCRA and Title X of the Dodd-Frank Act, and related regulations including a ban on “Abusive” Acts or Practices.( Section 1031 of the Dodd-Frank Act )
CASE LAW REFERENCE
- 4 YEAR SOL
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION A-3166-00T1
Commercially reasonable and proper notice
STATE REPO LAWS
These statutes provide that a consumer debtor has a right to cure a default before repossession can occur.
The statutes generally require that after default and before repossession, the creditor must send a notice to the debtor, and the notice must advise that the debtor has so many days (generally 20) in which to cure the default by bringing the account current.
A few states have cure statutes that only apply in very limited circumstances, such as rent-to-own agreements. Other states have cure statutes that are rather broad, and these states are:
CA, CO, CT, DC, IA, IL, KS, MA, ME, MS, MO, NE, NH, NY, OH, PA, SC, WV and WI.
Under some state Retail Installment Sales Acts, a creditor repossessing a vehicle must send a notice of default and right to cure within five business days after taking possession of the collateral. The notice must specifically state the circumstances constituting the default and must include an itemized amount the debtor is required to pay in order to cure the default.
Note that the debtor has the right under some state laws (UCC 9-506), unless otherwise agreed in writing after default, to redeem the vehicle at any time before the dealership has disposed of it or has entered into a contract for its disposition.
The dealer must make the vehicle available for inspection by the debtor during reasonable hours during the period between the time the dealer retakes possession and the expiration or exercise of the debtor's right to cure his default.
Note that a debtor's right to cure his default may not be exercised more than once for any single debt.
Right to Cure
Several states now require a prior notice of Right to Cure be sent before recovery can be executed. Right to Cure is legal notice that an account is past due and gives a specified time for the debtor to pay a specific amount to cure the delinquency.
The last day for payment in the eight states is as follows:
Colorado—20 days from notice date
Iowa—21 days from notice date
Kansas—20 days from notice date
Massachusetts—21 days from notice date
Maine—20 days from notice date
Missouri—15 days from notice date
South Carolina—20 days from notice date
SOME STATE LAWS- SEE STATE LISTING ON HOME PAGE FOR LINKED STATUTES;
California, where creditors must not only comply with the resale requirements of §9-610 but also the provisions of the Rees-Levering Motor Vehicle Sales and Finance Act (Civil Code, §2981 et seq.). and §17200 of the California Business and Professions Code.
CONN. REPO LAWS
Georgia repo law
GEORGIA REPO LAWS
Maryland Repo Law
MARYLAND REPO LAWS
TENN. CASE LAW
REPOSSESSION STATUTES FOR ALL STATES