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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17083
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I filed Ch 13 back in 2008. One of the Creditors listed was

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I filed Ch 13 back in 2008. One of the Creditors listed was Discover Financial. The last payment made by me to them was in 2007.No payments were ever made to Discover in the Ch 13 as it was not a priority claim. Due to a lay-off in 2010 I was unable to keep up with the payment plan and my case was dismissed in 2011. I just recieved what looks like a summons (not filed in court yet) asking me to admit/deny that debt. Is this debt time-barred? The statute in Discover's home state is 3 years and the statute in MN is six.

WALLSTREETESQ :

Are you in MN?

Customer:

Yes

WALLSTREETESQ :

In MN the Statute of limitations is six years, and if you are a resident of MN the six years would apply to you

WALLSTREETESQ :

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

Customer:

So the fact that the ch. 13 was dismissed wouldn't re-set the clock, so to speak?

WALLSTREETESQ :

No, the chapter 13 would not stop or hold the SOL,

WALLSTREETESQ :

the SOL would still continue,

WALLSTREETESQ :

under the law if the 6 years passed while you were in the chapter 13,

WALLSTREETESQ :

the creditor would be given 30 days to file a suit,

WALLSTREETESQ :

in this case, your chapter 13 would not stop the SOL,

WALLSTREETESQ :

so it would be 6 years from 2007

Customer:

Good, thanks so much. Now I'll be able to sleep tonight. I appreciate your help.

WALLSTREETESQ :

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,

WALLSTREETESQ :

MN law section 541.05

WALLSTREETESQ :

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


WALLSTREETESQ :

If you have any further questions please do not hesitate to ask.

Customer:

I will, thanks again.

WALLSTREETESQ :

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Customer:

Will do.

WALLSTREETESQ :

Thank you

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