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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy professor.
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My husband had filed for Chapter 13 bankruptcy. He finished

Resolved Question:

My husband had filed for Chapter 13 bankruptcy. He finished his 5 years and was discharged. Now a collection agency is coming after me for $11,000 for his car loan that was included in the bankruptcy. The company sent him the lien release. He filed back in December 2004. His attorney says they can't come after me because it is over 6 years from filing. The collection agency says they have till September 2011 because the charge off occurred in September of 2005. I don't know who to believe. Do I have any rights? Yes, I was the co-signer on his car loan. We don't even have the vehicle anymore because we had the lien release. Please help me!!! Thank you.....
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.

Hi JACustomer,

When was the last payment made to the car loan company?

Customer: replied 3 years ago.
We never made a payment after he filed, so probably November 2004.
Expert:  cfortunato replied 3 years ago.

Given the information you provided, it is too late for this collection agency to legally collect anything from you, as the Statute of Limitations (SOL) is 6 years from the date of default, which is 30 days after the last payment, and has nothing to do with the charge-off date.

You can't believe anything a collection agency tells you, as they are notorious for lying. The truth is that they cannot legally collect anything from you, unless you volunteer to pay them something, because if you do, the SOL starts to run all over again. This is what they are hoping for, and they will tell you anything to get you to make just one little payment.

 

I think this is what you wanted to know. If not, please let me know.
Thank you!

 

Customer: replied 3 years ago.
So, will they sue me now and will this hurt my credit not paying?
Expert:  cfortunato replied 3 years ago.

Although they can sue you, it is unlikely that they will, because once the judge finds out how old this debt is, the lawsuit would have to be dismissed. This means the collection agency will have wasted their money, as the court filing fee is a few hundred dollars, and they also have to pay an attorney.

No further damage can be done to your credit because of this debt. If the court proceeding shows up on your credit report, you can notify the credit bureau after the case is dismissed, and they will remove the court case from your credit report.

 

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
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