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Judgement can't go into bankruptcy

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    #46
    You have to be careful about Statute of Limitations matters. If a debtor gives any sort of indication that a debt is owed, either by deliberate or even inadvertent response to cleverly worded correspondence or verbal communications, then the "clock" is reset to day one. In fact, any sort of response to collection efforts is tantamount to admitting that you owe a debt.
    Let's say a debtor lives in a state where the SOL is five years on debt collections. If, after 4 years, the debtor gets a phone call from a collection agency, and the collector says "Mr. Jones, do you recall a $500 charge from Joes Department Store that was never paid?" If the debtor says anything but "no", the clock is reset to day one.

    Most times, debt will never get that far without intense efforts at collection, and all denial will get you is a lawsuit. Do not rely on Statute of Limitations provisions to save your bacon. It will do no such thing unless you are just "stupid lucky".

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      #47
      I thought so

      Presently Before taxes I bring home $1800 a month and you would think that would qualify, but it doesn't, so with after taxes my take home being around $1300 and rent eating up half of that, getting together the $350 is tough. I have stopped paying on my car, but needed a car so bought one at auction for $450. Have had to do some things on it to make it safe, so hoping that those are now out of the way and can get filed. I only have CC and a car debt, so mine isn't tough. I own no property or such, so hoping for a easy ride through.

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        #48
        Loan shark

        I never spoke to this collection agency, never wrote them. I don't believe in doing business with loan sharks, which is what collection agencies are. In all of my life and all the credit cards and such I have had, I have only delt with collection agencies twice and both were after judgements were awarded by the court.

        Originally posted by kornellred View Post
        You have to be careful about Statute of Limitations matters. If a debtor gives any sort of indication that a debt is owed, either by deliberate or even inadvertent response to cleverly worded correspondence or verbal communications, then the "clock" is reset to day one. In fact, any sort of response to collection efforts is tantamount to admitting that you owe a debt.
        Let's say a debtor lives in a state where the SOL is five years on debt collections. If, after 4 years, the debtor gets a phone call from a collection agency, and the collector says "Mr. Jones, do you recall a $500 charge from Joes Department Store that was never paid?" If the debtor says anything but "no", the clock is reset to day one.

        Most times, debt will never get that far without intense efforts at collection, and all denial will get you is a lawsuit. Do not rely on Statute of Limitations provisions to save your bacon. It will do no such thing unless you are just "stupid lucky".

        Comment

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