I am new to this place and I see a lot of good info. From what I understand the statute of limitations for a debt is either the state where the contract was signed or the state you currently reside?? I ask because I just received a letter from a collection agency that bought an old credit card debt (First Card-over 6 years old). The statute of limitations in NV and TX are both 4 years. So legally they can't file a law suit, right?
If SOL has run out, they cannot collect. If debt is 6 years old already, once it hits 7 years, contact CRA's tell them to delete.
They can file one, they just can't win it. Send them the "estoppel" letter - it says "go away and leave me alone." They know it's out of statute.
One thing Dakota, Sould they file a lawsuit, you must respond and show up in court and inform the judge of the SOL or, they'll win by default.
Say I had a debt included in a ch 13, they were being paid thru that, then I dismissed the 13 which reopens the debt, the original loan was opened in 92, last payment before 13 was made in 96, then trustee paid them small monthly payments until I dismissed last summer, now they want the 2000$ balance NOW, can I get out of it with the SOL? I am in NY state
You need to direct that question to squawk1200, he is a NY attorney. Now you're really getting complicated.
I think that when you filed, everything was put on hold. When it was dismissed, it became open season again. I would think that the statute was not running while you were in 13, but started again from where it left off before you filed. If you could get out of it with a sol defense, people would do this all the time. I might be completely wrong, but I think you may still be on the hook. When did you file the 13?
