[mersea]

My husband and I filed bankruptcy in March of 1999. It was discharged in March of 2000.

Today I go a call from Zellers, saying I had to pay them $319.00, that I still owed.

I was shocked, and told them I thought it was covered under our bankruptcy. They had no record of them being contacted at all.

In the event it was not covered, what recourse do we have? What is the SOL on credit card debt.

Mersea

[mr.yet]

Check your bankruptcy records, don't speak to them again, have them put all future contract in writing only, them maybe trying to get you to reaffirm the debt.

SOL depends on what state you live.

[mersea]

HI:

I live in Ontario Canada. What is the SOL for Credit card debt, if this Zellers debt was not covered by the bankruptcy.

[CaptainForest]

Debt from 1999?

SOL = 6 years

FYI: All debt after Jan 1, 2004 is now only 2 years

[mersea]

So in other words, they have no legal right to come after us for this debt?

[CaptainForest]

They have a legal right to ask.

Assuming this debt was NOT discharged in your bankruptcy, you will always OWE the money.

However, Ontario laws says that if they do not make an effort to try and collect within 6 years, they can't then come after you for the money.

However, if you reaffirmed to them that you really do owe this money, then the SOL clock will start all over again.

Just tell them that a) it was discharged (if it was). And if it wasn't, just tell them that the SOL is expired.

[mersea]

I told her when she called that it was covered under our bankruptcy and to call the company we filed with.
Does this constitute me affirming we owe the debt?
She will probably call back again, and I want to make sure I am not talking through me hat, if I tell her the SOL is expired.

[CaptainForest]

If I were you…

I would stop communicating with her via the phone.

Instead, I would go check my bankruptcy from 2000 and see if this debt was discharged.