Hi all: In 1998, I had a Cross Country card, had problems and last date of activity was 5/99. Account was sent to Sherman Acquisition in 2000 for collections. In 2003, I had to file emergency Chapter 13 to save my house. Was then advised to list all creditors that were reporting on the credit report (included the Cross Country and Sherman accounts). Last week got a letter from an attorney--for Sherman and Cross Country listed as creditors---demanding to be paid or will file judgement. My questions: In CA, the statue of limitation is 4 yrs (5/99) so did I shoot myself in the foot and re-aged the accounts by filing BK??? What do I do now??? I certainly cannot say that the accounts are not mind. How do I tell them that they cannot collect anymore cos the statue of limitations have passed. Please help. Thanks
if they were included in your chapter 13, they can't do squat - were they? Are they part of your payment program? Let your BK attny know what they are trying to pull -
Lacey: BK 13 was DISMISSED a couple of weeks after filing--NOT DISCHARGED. Was wondering if that STOPPED THE CLOCK at all??? Help anyone???
I believe I did read somewhere that the clock is stopped, but in this case it was only a matter of weeks so what difference could that make. It sounds to me like you did not make any payments to them through the BK13. Did you make any payments at all that would extend the SOL on this debt?
NO BK was dismissed before the formal hearing. So NO PAYMENTS were made at all. I am going to get validation and then work from there.
