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    vivian-1010's Avatar
    vivian-1010 Posts: 1, Reputation: 1
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    #1

    May 20, 2014, 09:35 PM
    What is the satutate of limitation on a personal loan in the state of Georgia
    My husband and I obtain a personal loan in 1995 he went to prison for dui I filed a chapter 7 on all of the debt now he is being sued on the unpaid debt it was for a patio enclosure of which we used my house as equity of which his name is not on the property it has been almost 18yrs the original loan was sold during the chapter7 process can he legally be sued for this debt or is this covered under the statute of limitation or time-barred act of Georgia.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 20, 2014, 11:12 PM
    If property was used as equity, it does not sound like a personal loan, but a mortgage of some type and the SOL would not apply.

    They can not come after you, but they indeed can sue him, if this is the case.
    Personal loans are not backed with equity in real estate. You may put down personal property as equity, such as cameras, firearms, lawn equipment.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    May 21, 2014, 06:22 AM
    Quote Originally Posted by Fr_Chuck View Post
    If property was used as equity, it does not sound like a personal loan, but a mortgage of some type and the SOL would not apply.

    They can not come after you, but they indeed can sue him, if this is the case.
    Personal loans are not backed with equity in real estate. You may put down personal property as equity, such as cameras, firearms, lawn equipment.
    Incorrect. OP indicates that she filed Chapter 7, but her husband is being sued. The husband didn't file bankruptcy.

    Whether a mortgage or other lien on the property applies, the husband can assert the SOL (which in all likelihood is shorter than 18 years).

    Note that if she applied for the loan and gave security after filing bankruptcy, they may be able to sue her and foreclose their lien.

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