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QUESTION: I had a Chapter 13 dismissed in 2005. I filed originally in 2002 and was going to convert to Chapter 7 but changed my mind. My attorney did not tell me until the day of..that I was to be in court when I was across the country at the time. Long story short... the judged dismissed. I was ignorant and didn't understand things so I thought that just meant it was over. I was moving and I knew I would lose my house but I thought was all. Now, 5 years later a creditor (credit card) from then has been sold to someone else and they are contacting me. Can these people continue to haunt me? Can they garnishee my wages? I just don't know what to do. I am finally moving forward, but I don't have thousands to pay them off and I don't want to go backward. Please help me understand where they stand and where I stand. Sorry for the book. Thanks for any words of wisdom.
ANSWER: What state do you live in now? When did you make your last payment to the creditor? Yes, they can continue to try to collect but they may not be able to sue depending on the answers to the two questions above. Answer those two questions and I'll be able to give you more help.
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QUESTION: I live in Indiana now. I made my last payment to them in early 2002.
The debt is well outside the statute of limitations in Indiana. They can sue you but defending would be easy to do. Any competent attorney would know better than to file a lawsuit that far outside of the statute of limitations. If one did get stupid enough to file a suit against you it would be necessary to respond to in order to keep them from getting a judgment against you but once that was over you should file a federal case against the lawyer and the debt collector who brought the charge. You would win that one in a walk. Make them pay you for the problems they cause you when they do that. You don't even need a lawyer to take them to federal court.
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Just don't make them any promises and start learning about fdcpa so you know what their violations are.
A good place to start learning about FDCPA is at www.fdcpaexpert.com Don't let them get away with bugging you to death over a debt you don't even owe anymore.
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| Comment | I can't even begin to tell you how much I appreciate your help. My heart and mind are set at much more ease. I have spent years trying to recover from past errors and I felt really threatened. Creditwrench gave me a prompt response and follow-up, made the information very clear and understandable for me and showed me how to learn more for myself as well. Thank you Thank you Thank you | ||
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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