That depends. Did they file suit and when was the payment due? GMAC may have filed suit years but could not find you to serve you. In fact, they may have already sued you and got a judgment.

I am looking up Illinios law, but I thought this would help. http://www.consumeraffairs.com/news03/gmac_repo.html Typically, when a car is repossessed and sold, the borrower will still owe the lender thousands of dollars. This is because the cars are generally sold at auction for prices that do not cover the amounts outstanding on a borrower's loan. The bill for this "deficiency balance" often comes as an unpleasant shock to consumers, who are already in financial trouble, and who mistakenly assume that once the car is gone, so is the debt. California law, however, provides a measure of protection for consumers whose cars are repossessed. A lender such as GMAC is required to send its borrowers a written notice containing very specific information about their legal rights following a repossession. If the lender does not send such a post-repossession notice containing all of the required disclosures, the law says that the borrower is not liable for any deficiency balance. Judge Komar ruled that because GMAC's post-repossession notices were "legally defective" class members "are not liable for any deficiency balances assessed to their accounts by GMAC, and never owed those amounts."

Thank you both for your response. They did NOT file suit or judgement. I gave the vehicle back voluntary. We were never served , garnished or anything. I did get the letter saying it was sold. Now I have to find it after all these years. *sigh*

I know it there was no suit and I can find the court cases on the circuit clerk for Cook County, IL. Plus they knew where to come get the vehicle, they came to my home, so they knew where we lived to serve us. In addition, there is no mention of a suit on our credit report, just the outstanding balance.

OH, don't know about the provision. They did call today, left a message to call them. Funny, our number has stayed the same, not a phone call either since they took the car. No calls, mail or servings. Just wondered if they had a time limit. I will need to see what they have to say. Amazes me they contact after all these years. We did have a suit last year, it was on our credit report, the suit is closed, it did show when it was open and when it was closed.