Unpaid bills after BK

[DebtHater]

If they find me, they find me, I guess I'll just have to be on the lam and work under the table for the next 6 years.

What's in 6 years? Unless you file again if you owe it now you will still owe it in 60 years! SOL does not make debt go away. If you do choose to file again then that's your prerogative.

You can be on the lam all you want but as long as you have a drivers license, file taxes, are a registered voter, etc, they will find you! When they do, being you didn't want to settle 14 for 3 the interest will increase the debt even more.

[dealingsdone]

Hello, Debthatter,

What does SOL mean in the context of your post?

My impression is that if the hospital/creditor doesn't file paperwork, the debt will disappear after 7 years. Am I mistaken?

Thanks,

[newbie2]

Hello, Debthatter,

What does SOL mean in the context of your post?

My impression is that if the hospital/creditor doesn't file paperwork, the debt will disappear after 7 years. Am I mistaken?

Thanks,

The debt doesn't disappear. After the statue of limitations has passed you have that as a defense should they sue you, but the debt never goes away.

[DebtHater]

What does SOL mean in the context of your post?

My impression is that if the hospital/creditor doesn't file paperwork, the debt will disappear after 7 years. Am I mistaken?

SOL=Statute of Limitations. Some are under the impression that once the SOL in their state passes that they no longer owe the debt. This is untrue. Even if the debt comes off your credit report (7 years after the last activity) doesn't mean that the debt is no longer owed. The only things that will make the debt no longer owed is 1) pay it, 2) bankrupt it and 3) settle it for less than owed. With option 3 you may get a 1099 for the difference where you will have to pay taxes on it.

[tobee43]

SOL=Statute of Limitations. Some are under the impression that once the SOL in their state passes that they no longer owe the debt. This is untrue. Even if the debt comes off your credit report (7 years after the last activity) doesn't mean that the debt is no longer owed. The only things that will make the debt no longer owed is 1) pay it, 2) bankrupt it and 3) settle it for less than owed. With option 3 you may get a 1099 for the difference where you will have to pay taxes on it.

actually the creditor just may be SOL...since SOL are usually applied and in reference to renewable judgements., etc, and usually once a debt is too old they can no longer collect on many types of debts.

your state calif: California Statutes of Limitation

Written agreements: 4 years, calculated from the date of breach.

Oral agreements: 2 years.

The statute of limitation is stopped only if the debtor makes a payment on the account after the expiration of the applicable limitations period.


here's a "better" break down on exactly how that works.

"according to California Code of Civil Procedure § 337, the statute of limitations for debt related to a written contract is four years, and an oral contract is two years from the date of breach. See the Bills.com resource Collection Laws and the Statute of Limitations for the rules in other states. See also How to Tell Which Statute of Limitations Applies to Your Situation.

If you determine that your state's SOL for the collection of debts has expired, the likelihood of the creditor attempting to sue you to enforce the debt is much less. The fact that the creditor filed a suit indicates either the creditor believes the SOL has not expired, or the creditor believes you -- the defendant -- will not raise the statute of limitations defense.

The passing of the SOL does not mean that a creditor cannot sue you. If a lawsuit is filed, the defendant will have an absolute defense against the lawsuit if the defendant raises the SOL defense in a timely manner. The defendant must raise this defense -- a court will not do it for the defendant. If the defendant responds to the suit stating the SOL has expired, the judge should dismiss the case.

In most states, the SOL begins running from the date of the breech. In other words, the SOL starts running 30 days after the last payment. This means that if you paid just a few dollars to a collector a couple of years ago, the running SOL for that debt could have been reset.

The passage of the SOL does not forbid a creditor from calling the debtor to collect on the debt; it simply provides the debtor an absolute defense in court if the creditor files suit. Debtors can stop collection calls by sending a cease and desist letter to the creditor.

Consult with an attorney licensed to practice in your area to discuss the specifics of your situation and to help you determine if the statute of limitations for your creditor to sue you has expired.

Debt Validation

To determine if the SOL has expired, you can request the debt to be validated by sending a debt validation letter to the collector. See the Bills.com resource Debt Validation for more information on how to validate a debt.
Credit report and statute of limitations

The amount of time that derogatory comment on an account in a credit report is set by federal law. A credit report and the rules for credit reports have no connection to each state's civil procedure rules regarding the statutes of limitations. See the Bills.com resource Charge-Off & Credit Report to learn more about the relationship between statutes of limitations and credit reports."


you can also contact someone about the situation and get further info:

a FREE* Fair Debt Case Review at: http://www.fair-debt-collection.com/fair-debt-laws.aspx or call toll free 888-FDCPA-Law (888-332-7252) to request a free case review. There is no charge for the case review and the services of a fair debt lawyer or fair credit attorney may be available to you at little or no cost...so i would give them a try.

good luck with it!

[DebtHater]

.......and usually once a debt is too old they can no longer collect on many types of debts.

Exactly my point! This means that the creditor is limited in their collection of the debt. Nothing in the post states or implies that the debt is no longer owed.