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I'm being threatened with a civil suit 10 years after filing for Bankruptcy. This debt is more than 17 years old and the Collection Agency says my signature has been compared with my driver's and professional license. I don't remember having an account with the creditor. If I had I would have included it in the Bankruptcy. Do I need a lawyer? My original lawyer no longer is available.
About false debt after bankruptcy
Hi Mell,
Can you tell which state you live in? This debt is quite old, and may be out of the Statute of Limitations (SOL). Statute of Limitations is the time limit within which the creditor or the collection agency may be able to sue you and win a judgment against you for not paying the debt. However, when the SOL expires, the creditor or the collection agency won't be able to win a case against you. So, you can check the SOL in your state.
Thanks,
Aaron
You don't mention what state you live in, but I am pretty certian that whatever state it is, the SOL has expired on the debt. You could actually go to town on this one--1) they are threatning to sue. That's an FDCPA violation unless they can do so and have done so in similar cases in the past 2) if you did include this in BK, they are violating the bankruptcy injunction--another violation.
have u asked for a debt validation? who does it say teh original creditor is? U could then look up your BK papers and see if you included it in there. But, like i said, regardless of whether you did or not, I am sure the SOL is up and they can't collect this debt. Once you confirm that, tell them to pound sand and that if they keep this up, they will owe YOU money. If possible,whenver dealing w/ a CA, record the call. Check recording laws in your state to see if it's a one party state (where only one party has to know the call is being recorded) or a two party state (where both parties have to know). If a two party state, I just boldly repeat what they or thier recordings always say " this call may be recorded for quality assurance. Now, what did you say again??". watch how quick they hang up?? Last but not least, you can also check if your state requires that CA be licensed? If so, check and see if they are If they arent, there is one more thing you can say. Good luck!