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Quick Question Ch7 or No?

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    Quick Question Ch7 or No?

    Quick question for you, I have been copulating this for years and never knew if I should do this. I have several old credit cards that have maybe all added up to $9,000 about 7-8 years ago, when I quit paying them. I recently received a letter that one of them had put a default judgement against me for $10,000 itself....

    I looked at my credit report and there is nothing showing, its actually all cleared up. Not even this new judgement is showing on there. Although about 6 years ago, I had about 6 credit cards that were all showing as charged off and a couple repossessions of vehicles that showed charged off.

    My question is, should I file even though none of this is showing on my credit report, or is this going to be a chain reaction and they all start pulling these judgements all the sudden?

    Any input is greatly appreciated.

    Do not own a home, no secured debt, all unsecured, and old credit cards.

    #2
    Hiya Snook123!

    First - I think you have been contemplating this for a few years not copulating. I am normally not the grammar police but there is a huge potential for misunderstanding with the word you incorrectly used here.

    Even though you don't have a home, creditors who receive a judgement can garnish your wages or take personal property to satisfy their claim(s).

    However, if all of your debt has exceeded the statute of limitations (SOL) in your state (I believe it is 5 years in FL) any suit filed against you can be thrown out of court if you make it clear that the debt is “time barred,” or older than the SOL. If a creditor files a case against you, you must take action to have the courts throw it out. If you don’t prove that the debt is too old, the creditor will likely win his case. The SOL does NOT apply to student loan debt, FYI.

    The collector who told you about this alleged judgment may have been bluffing in order to try to scare you into paying - all the while knowing that making even one payment on the debit will likely start the SOL clock all over again.

    Have you asked an attorney this question? I am sure some of the other folks on the board with more knowledge about debt collections and the SOL will chime in here too. Good luck!!
    ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
    Not an attorney - just an opinionated woman.

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