TAS Toyota Took Car After Husband Declared Bankruptcy

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Felicity

Member
28 October 2015
2
0
1
Tasmania
I signed surety for my husband's car in 2008 which he bought through his company or privately (not sure). He declared bankruptcy and the company in November 2009, and the car company is attempting now to retrieve this money from me. Toyota took the car back, sold it for a song and wants the difference of the car's value from me.
 

James D. Ford - Solicitor

Well-Known Member
LawConnect (LawTap) Verified
Hi Felicity

Can you please look very closely at the "surety" you signed...

Was it called a Deed, or on the signature page was it "signed, sealed and delivered" as a Deed? or expressed as a simple agreement?

I ask, as the difference could mean a 12 year limitation period, rather than a 6 years limitation period will be applicable.

Kind regards
 
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Felicity

Member
28 October 2015
2
0
1
Tasmania
Hi Felicity

Can you please look very closely at the "surety" you signed...

Was it called a Deed, or on the signature page was it "signed, sealed and delivered" as a Deed? or expressed as a simple agreement?

I ask, as the difference could mean a 12 year limitation period, rather than a 6 years limitation period will be applicable.

Kind regards
Don't think I have the document anymore but as memory serves me, the salesman just asked me to sign as surety per simple agreement. There were no words such as "signed, sealed and delivered" present.