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dunkin · Jan 25, 2009, 10:27 AM

OK, here's the situatuion... Took a loan out in 1997 when I was married to my ex. Loan was through Avco financial. Last activity in 98. Got divorced claimed bankruptcy. Remarried bought a house, car fixed my credit back to normal. Got a phone call the other night stating the guy was an investigator and I would be having a cival suit put against me for this loan. I live in NJ and the loan was 12 years ago. Where do I stand or do you even think I will have to pay on this? Thanks for your help...

Fr_Chuck · Jan 25, 2009, 10:43 AM

Ask for their address, and send them a copy of the bankrptcy including the pages where this debbt was listed. Since it was included ( assuming it was) they can not do anything or if they do, just provide this evidence in court

dunkin · Jan 25, 2009, 10:55 AM

Just looked and this was not listed in bankruptcy. I am sure it was not on my credit report either since I have been able to buy a home, car and have credit cards. Looks like the sol is 6 years. What do you think, is this just a scare from them trying to collect an old debt? It is a collection agency not the company who made the loan.

JudyKayTee · Jan 25, 2009, 12:04 PM

Originally Posted by dunkin

Just looked and this was not listed in bankruptcy. I am sure it was not on my credit report either since I have been able to buy a home, car and have credit cards. Looks like the sol is 6 years. What do you think, is this just a scare from them trying to collect an old debt? It is a collection agency not the company who made the loan.

When was the last activity on the loan? Statute runs from the last activity.

Was it addressed in your divorce as your responsibility?

I would be concerned about filing an incomplete Petition in Bankruptcy - that could come back to haunt you.

If it is out of Statute it cannot be collected from you but, depending on how the collection agency wants to proceed, they can notify Bankruptcy Court of the deception. Sounds bizarre but I actually had to pull a Bankruptcy Petition for this exact reason.

this8384 · Jan 26, 2009, 10:17 AM

If I can ask, who is the collection agency? I know people who have had major problems with certain collectors; they lie to the credit bureau and report activity on the account to renew the SOL when there never was any activity.

dunkin · Jan 26, 2009, 10:49 AM

Not sure never let them get that far.

JudyKayTee · Jan 26, 2009, 02:26 PM

Originally Posted by dunkin

Not sure never let them get that far.

If you don't want to have problems with creditor's whose claims were discharged in your bankruptcy to raise the issue of what was reported and what was not, you had better talk to the collection agency and find out what's going on.

Doing nothing and not being responsive is not going to help - unless it's out of Statute. They can't collect from you under those conditions but if they are angry enough they can move to set your Bankruptcy aside and I've seen it happen.

I ALWAYS tell people for reasons just like this - always have an Attorney file your Bankruptcy Petition. Make sure it is 100% correct. Better to list an invalid debt than skip one.