returned checks from 13 years ago....

[95kindebt]

I have a question. I was in a pretty bad relation ship back in 1996. I wrote four checks, and my boyfriend was going to give me the money when his financial aid showed up. he never did. The original total of the checks was about $350. They sued, got a judgement, and I haven't heard anything from the CA since 2004. I just got a letter from them asking my intentions of this debt that's now 13 years old. They haven't renewed the judgement, and I work for a non profit preschool a measly 12 hours a week. The debt is now over 3k with interest, fees, etc.

Do I include it in the BK? I'm worried they'll throw me in jail.
I have 2 small kids. I wonder what I should do, just call and tell them that we're filing BK, maybe they'll go after bigger fish.

Any advice is appreciatated. We're filing ch 13 soon.

[frogger]

I don't know what state you're in, but in GA, the stats are out after 4 years. After 13 years, they are probably of stats in your area too.

[destitute]

go ahead and include it in the bk. Don't worry about Jail. $350 may be under the felony limit in your state and even if not the statute of limitations has surely run out. Just include it in your bk and that will take care of it.

[95kindebt]

what does out of stats mean? I'm in Oregon.

[ish412]

what does out of stats mean? I'm in Oregon.

Statute of limitations. It means 13 years is too old of an issue for them to prosecute and probably even collect on.

[AngelinaCat]

Include it only if your lawyer advises you to do so, otherwise you should ignore it.

This is called 'Zombie Debt', and if you respond, say, write, or do anything at all that indicates to the current Collection Agency (CA) that you acknowledge this debt, that 13 year out of Statues of Limitation (SOL) is wiped out and the clock reset to Day 1.

Here is a link to a WikiHow and articles that I posted a year ago. Since this very same thing has happened to my 'Hub's brother, I will probably resurrect that thread. Here you go:

http://www.bkforum.com/showthread.php?t=29755

Good luck to you!

[StartingOver08]

Since they have recently contacted you, I would put it in the petition as the OC and the orginal amount AND the CA without an amount to make sure you are covered. AngelinaCat has a good idea about bringing it up to your attorney first. When you are filing BK that is the time to put on each and every debt...so if they bother you again after discharge you can go after them for sanctions. That is one good reason to list everything (other than you have to!).

[SimBroke]

The OP stated that they sued and got a judgement - are the stats different in this case?

[backtoschool]

The OP stated that they sued and got a judgement - are the stats different in this case?

Judgments are usually good for 20 years, but this varies by state. I think that the original debt should be put in the petition just to be safe.

[StartingOver08]

Let your attorney know that they have a judgement. I believe there may be an extra step to vacate the judgement after you file BK. You might be able to do this yourself, but check with your attorney as to the process.

[BigJohn]

To original poster:

When did they sue you?
When did they get a judgement?
What State are you in?
Was interest included in the judgement?
what kind of bankruptcydo you plan do do? Chapter 7 or 13?

[95kindebt]

Big John=

To original poster:

When did they sue you? I beleive it was 1998
When did they get a judgement? 1998
What State are you in? oregon
Was interest included in the judgement? yes.
what kind of bankruptcydo you plan do do? Chapter 7 or 13?

[AngelinaCat]

In Florida, a judgment lasts for seven years, but it can be renewed twice meaning one can run for 21 years.

[treehugger1]

In Oregon a judgment is good for 10 years and can be renewed, unless it involves child support, etc as these last forever until satisfied.

[95kindebt]

what if the judgement isnt renewed? Its not showing on my credit report. Does that mean it hasn't been renewed?