SOL for long past debt including BK

[AEGee]

What is the name of your state? CA

Out of the blue...I received a phone call to tell me that I have a past due balance with the original C/C company for a business account due in 1989. This has caught me off guard since it is so old. Additionally, I filed BK in 1993 - I'm not sure how much of the documentation I might still have in storage at this point since that now has been over 13 years ago. I have worked very hard to bring my credit back to a good standing (750fico). I really want to keep it that way! I have no idea what prompted this call. Will someone please help me to address this issue before things get placed on my credit record and I find myself in a major legal battle.

Questions:

1. What is the SOL?

2. What can I do to prevent them from reporting this on my credit record? or can they?

3. Should I take the initative or wait until they contact me again?

I'M REALLY STUNNED - PLEASE ASSIST..What is the name of your state?

 

[Ladynred]

1. What is the SOL?

In CA, it's 4 years -- for CONSUMER debt. If this was a business debt the SOL may not apply.

2. What can I do to prevent them from reporting this on my credit record? or can they?

They can't, it's too old. The reporting limit is 7-1/2 years starting with the first date of delinquency.

3. Should I take the initative or wait until they contact me again?

If it was a consumer debt or you were personally liable for this debt, send them a cease and desist and tell them to get lost. It it was strictly a business debt, that's another problem. Additionally, if this debt was included in your bankruptcy, then they are violating your discharge by even contacting you with a collection letter. Dig out your BK records and get the facts.

 

[AEGee]

Thank you for your response. As far as personal c/c - it was issued with my "credit" in mine and the company name on the card. If the company did not pay - I was responsible. I will try to locate the BK papers. I guess if I needed them I could request a copy of the discharge from the BK court. Is that really necessary?

Also I thought about running a credit report today and watch to see what these guys are going to do with the old - past due record.

Thanks again - this has been a great forum!

 

[Ladynred]

I guess if I needed them I could request a copy of the discharge from the BK court. Is that really necessary?

You would need more than the discharge notice, you would also need a copy of the creditor matrix to prove the creditor/debt WAS listed in your BK. You should have kept a complete copy of all of your BK papers in the first place because this kind of stuff floats around for years and years ! You can get a copy of your BK papers, but chances are the court has sent a case that old to the archives. Call the BK court clerk and find out. It is the ONLY way you can prove they are violating the BK law by attempting to collect on a discharged debt.

 

[TigerD]

You would need more than the discharge notice, you would also need a copy of the creditor matrix to prove the creditor/debt WAS listed in your BK. You should have kept a complete copy of all of your BK papers in the first place because this kind of stuff floats around for years and years ! You can get a copy of your BK papers, but chances are the court has sent a case that old to the archives. Call the BK court clerk and find out. It is the ONLY way you can prove they are violating the BK law by attempting to collect on a discharged debt.

LNR -- My understanding of California BK laws was that it was absolute - meaning all debts even unlisted ones were wiped. The OP may want to check on that.

DC

 

[Ladynred]

That is true. In the 9th circuit, all debts whether listed or not are considered discharge in a no-asset Ch 7 case. However, w/o some evidence that the bankruptcy did happen, the OP may have a hard time getting the collection efforts stopped.