Debt Collector back after Bankruptcy dismissed statute of limitations
I had a credit I defaulted on in 2002 with Citibank. I finally filed for Chapter 13 BK in October 2005 and due to an attorney error had to refile in February f2006. The case was dismissed in Feburary 2007. Now a law firm is back trying to collect. I was in Texas when I default in 2002 and SOL in Texas in 4 years. Nothing was every collected in the Chapter 13 by Citibank. I just moved to Connecticut and wonder what the lawyers can do. Any advice. Thanks
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The chapter 13 may have reset the clock on the SOL since the Chapter 13 may be viewed as an overt act affirming the debt.
The lawyers "can" sue you, and if you want to raise a SOL defense, you would have to go to court to do so. If you fail to defend yourself, then the creditor will get a default judgment.
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