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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31781
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hello I am not looking to file bankruptcy, but being it is

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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.

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.

Im looking for facts not "probably"


cortrightlaw : Did I not answer your question?


State statutes of limitation for credit card debt

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



no u said probably....



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.

still waiting for this to be released back to the q

Customer: replied 3 years 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.
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 3 years 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.



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 ( 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: 31781
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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