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Are you in MN?
In MN the Statute of limitations is six years, and if you are a resident of MN the six years would apply to you
In terms of the answer, you should deny the debt, and please a defense that the claim is time barred as per the six year SOL
So the fact that the ch. 13 was dismissed wouldn't re-set the clock, so to speak?
No, the chapter 13 would not stop or hold the SOL,
the SOL would still continue,
under the law if the 6 years passed while you were in the chapter 13,
the creditor would be given 30 days to file a suit,
in this case, your chapter 13 would not stop the SOL,
so it would be 6 years from 2007
Good, thanks so much. Now I'll be able to sleep tonight. I appreciate your help.
Good luck, and the most important thing is to answer the complaint, by denying that you owe any debt, and claim they violated the statute of limitations,
MN law section 541.05
statute of limitations (SOL) does not prevent debt collectors from attempting to collect on debts. They just cannot successfully sue to collect the debts -- assuming the debtor shows up in court to assert his or her right
If you have any further questions please do not hesitate to ask.
I will, thanks again.
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