Posts Tagged ‘statue of limitations’

To file Bankruptcy or not?

I live in Florida and have spoken with a Bankruptcy lawyer about my situation. I had excellent credit prior to a house I had up for sale being on the market for 6 months and tried to sustain two mortgages plus expenses on both houses and a lot of credit card debt, mostly used to fix up both houses.

It’s been since March 2007 that I made my last credit card payments. I took all of the 00 I received as a tax refund and paid it on 5 different cards.
I called the credit card companies and tried to set up a payment plan of some sort because I was drowning. NONE of the 5 would and acted really crappy when asked. The phone calls also bordered on harassment.
So, eating ramen noodles and peanut butter started pissing me off. If they didn’t want to work with me, then I wouldn’t work with them.
I changed my telephone number and stopped paying them.

After speaking with an attorney early this year, he stated that unless I was faced with court papers to appear, to stave off filing for bankruptcy. If I did file, it would be for Chapter 13 he stated.

I wanted a second opinion so here I am. My questions are…

If I do not file, the statue of limitations runs out in less than 2.5 years for the state of Florida. If I am not served a summons, after the SOL runs out, can they still serve me with papers?

If there is no summons or judgment, will the charge off debts stay on my record for 7 years from the last time I paid the credit card company? Or when the debt was sold to a collection agency which I think is usually a year afterwards (they all have been sold).

If the debt is sold again to another collection agency, does my time start over?

On my credit record, will there be an entry for the credit card company debt AND the collection agency?

I simply want to know when the credit card company debt and charge offs will drop from my record if I do not pay them.

Thanks for any help you can provide…

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To file Bankruptcy or not?

I live in Florida and have spoken with a Bankruptcy lawyer about my situation. I had excellent credit prior to a house I had up for sale being on the market for 6 months and tried to sustain two mortgages plus expenses on both houses and a lot of credit card debt, mostly used to fix up both houses.

It’s been since March 2007 that I made my last credit card payments. I took all of the 00 I received as a tax refund and paid it on 5 different cards.
I called the credit card companies and tried to set up a payment plan of some sort because I was drowning. NONE of the 5 would and acted really crappy when asked. The phone calls also bordered on harassment.
So, eating ramen noodles and peanut butter started pissing me off. If they didn’t want to work with me, then I wouldn’t work with them.
I changed my telephone number and stopped paying them.

After speaking with an attorney early this year, he stated that unless I was faced with court papers to appear, to stave off filing for bankruptcy. If I did file, it would be for Chapter 13 he stated.

I wanted a second opinion so here I am. My questions are…

If I do not file, the statue of limitations runs out in less than 2.5 years for the state of Florida. If I am not served a summons, after the SOL runs out, can they still serve me with papers?

If there is no summons or judgment, will the charge off debts stay on my record for 7 years from the last time I paid the credit card company? Or when the debt was sold to a collection agency which I think is usually a year afterwards (they all have been sold).

If the debt is sold again to another collection agency, does my time start over?

On my credit record, will there be an entry for the credit card company debt AND the collection agency?

I simply want to know when the credit card company debt and charge offs will drop from my record if I do not pay them.

Thanks for any help you can provide…
The SOL is 4 years, it will run out in 2.5 years since my last payment is what I was referring to.

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I’m filing for bankruptcy and have questions about some existing credit cards….?

I’m filing to stop a collections lawsuit that was filed against me the day before my statue of limitations ran out. 4 years ago I had my card numbers stolen and had gone through some other money troubles.

I opted to keep gas in my car and a roof over my head than struggle to pay my cards off after they screwed me over.

Here it is like 4 and half years later and I’ve started rebuilding my credit. I currently have 3 cards all with low balances that have been paid on time for nearly a year each. I’ve been told when I file bankruptcy that I need to file on them as well. I’ve also been told that if the cards are paid off, that I do not need to file against them.

Is that the case? Can I keep my 3 cards after I file bankruptcy if they’re paid off, or should I just file them in and try to start over yet again after it’s been discharged?

Thank you!
I don’t mind filing against them. I just want the clearest information I can get. I’d rather have the clean slate, but thanks for the clarification.

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Credit card debt – wait 7 years or file bankruptcy? Help Please?

O.k. here is the situation. When I was 20-24 years old I ran up a lot of credit card debt about ,000 (I am 30 years old now). Then I moved abroad to study and I currently live abroad and don’t plan on moving back to the U.S. for at least another 5 years. What happened was that at a certain point I couldn’t pay my credit cards anymore and just let them go. Now I am still studying and can’t afford to make payments. So, what happens if I move back to the US? Is there a statue of limitations on the debt? Should I file bankruptcy? How would I do that if I am living abroad?
I would like to add that I was very stupid and I messed up! I have learned my lesson. I just want to get this problem fixed!
The debts were in Texas where the statue of limitations is 4 years…

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