How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26131
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Type Your Bankruptcy Law Question Here...
Roger is online now
A new question is answered every 9 seconds

Hello I am not looking to file bankruptcy, but being it is

Resolved Question:

Hello I am not looking to file bankruptcy, but being it is credit / debt related, I chose this category.

I have various debts that are from roughly 2006 / 2007 (most likely all no more recent than 2006), including a foreclosed home that had 2 mortgages, and 25k + - credit card debt. no payments have been made to anyone since that time. all debts occurred while I was a NYC resident and now I am a Florida resident for the past 7 months. I have a previous bankruptcy. I am not really looking to repair my credit since I have serious health conditions and was given a 10 year life expectancy 7 years ago. I am very strong minded and expecting to go another 13+ years, however I have no interest in making any future purchases requiring credit. My main concern is whether or not a statue of limitations has me protected at this point. I get no collection phone calls, no mail related to debts and keep small monies in paypal and my citibank account (citibank is even a creditor for around 5k and hasn't even bothered me). I would like to believe I can still be productive and have a few upcoming years in which my income can exceed 100k and am constantly looking over my shoulder for a frozen bank account and fear to buy a new car to get to doctor appointments. So basically am I in the clear....with the exception of no hope repairing my credit without an additional bankruptcy (which I have 0 interest in doing)? I want to make money, keep money in the bank without worries even if its 10 or 20k, have a car without fear of some kind of lien...etc.
Submitted: 9 months ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 9 months ago.

cortrightlaw : The problem is that without a bankruptcy their can be no guarantees that you will not end up with a surprise garnishment. The Statutes have probably already ran years ago but there is no assurance that someone has not already obtained a judgment and just hasn't found your assets yet, or they can lie and obtain one at this point under false pretense.
cortrightlaw : Then again maybe you are worrying about nothing and they have long forgotten about the debt and are no longer attempting to collect on it.
Customer:

Im looking for facts not "probably"


 

cortrightlaw : Did I not answer your question?
Customer:

 


State statutes of limitation for credit card debt

Collectors have a limited time to file lawsuits over unpaid card debts

Customer:

 


no u said probably....

Customer:

 


clearly u cannot be specific and I rather another service provider

cortrightlaw : I wish you well I will release this question so some else can try an assist you.
Customer:

still waiting for this to be released back to the q

Customer: replied 9 months ago.
Relist: Other.
incomplete, inaccurate, low quality answer with no facts. I got 300% better help when I had a car problem, yet this is a legal issue. A red flag was immediately raised not to trust this experts advice.
Expert:  Roger replied 9 months ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question. I'll be glad to help.

The statute of limitations for a credit card account (called an "open account") is 6 years from the last payment or purchase under NY law and 4 years under Florida law. Thus, as long as you're past this period of time for each debt, then the creditors would be barred by the applicable statute of limitations. Thus, no action could be successfully pursued at this point.

As the previous expert indicated, if any creditor has sued you in the past and has obtained a judgment, then it would be possible for the creditor to collect under that judgment. However, had this occurred, you would have been served with a summons and complaint/pleading before a judgment was entered - - - so you should know if this happened.

Also, you could get a copy of your credit report and check for judgment there. As long as nothing happened during the 4/6 years that the creditors did have the right to sue, then you can rely on the applicable statutes of limitations.

I hope this helps, and let me know if you need anything further.
Customer: replied 9 months ago.

Thank you Roger for your clear answer. So on the credit cards, so long as they dont have any judgements I should be in the clear.


 


How about the foreclosed home with 2 mortgages from the same years?


 


and lastly there is one small judgement (maybe couple thousand dollars) against a corporation I owned but was legally dissolved - out of business (and I was never served for by the way). Would they have any rights on my personal name (i never signed a credit app, never gave my social, never asked for terms and was never served)? I suppose my next best step is to obtain a copy of my credit report. Im just a little concerned about redisclosing my new address in Florida, as to open a can of worms. (I believe that may be necessary to obtain a credit report - hope I am wrong).


 


Is there a way to get my credit report online without disclosing new information or a new mailing address?


 


Thank you very very much and I think that's the end of my questions.


 


-Dennis

Expert:  Roger replied 9 months ago.

Yes, if no judgments related to the credit cards were filed within the allowed time, then you should be fine. That's not to say that some scum bag collection agency won't try to sue you, but if it did, all you should have to do is file a motion to dismiss based on the statute of limitations, and the case should be dismissed.

 

As for the mortgages, they're considered negotiable instruments, and would be governed by the 6 year statute of limitations under the Uniform Commercial Code (http://www.law.cornell.edu/ucc/3/3-118). Again, if 6 years have passed, you should be in the clear.

 

As for the judgment, as long as it was not against you personally, your personal assets can't be seized or taken to satisfy it.

 

I'm not sure what an online credit requires in order to obtain one. I would assume that you'd just need your name, SSN and a credit card to pay. But, you'd just have to go to one of their sites and check on what is required. I'm sorry that I don't know about this.

 

If you need anything else, let me know.

Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26131
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.