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letter from a collector..

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    letter from a collector..

    As you all know i have filed bk.. So yesterday I got a letter in the mailbox from a collection agency about a bill my hubby had before we got married, so the bill is at lest 15 years old, now this is not on his credit report, so i didn't add it to our bk.. This bill is from bally fitness club, say he he owes like $1,200.00 but willing to take a seatlement of $338.00. is it to late for me to add on to my bk, or are they just trying there luck ?
    Filed on 7-17-09
    waiting for 341
    341 meeting 8-21-09
    discharged/ case closed 12/23/2009

    #2
    They are way past Statutes of Limitations. You should be able to easily fight that with the equivalent legal term, I think it's called latches but not sure. Your attorney should be able to answer that though if you have one. Just make sure you don't agree to anything in any way or send them even a dollar as it will start the SOL all over.
    Chapter 13ner

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      #3
      Send them a copy of the 341 hearing paperwork and tell them to go away. If they press on then worst case is you pay 29 bucks and amend your filing. You can add them as long as your case is still open/not discharged.

      However 15 years is way beyond SOL for old debt.
      3/2/09- Filed: chapter 7 / No asset
      4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
      4/2/09- Trustee Report of No Distribution Filed
      6/24/09- Discharged and case closed

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        #4
        thanks guy I thought, how in the world can they come after him after all this time ?? And no i have never paid them one cent or even bothered to call em back! I will tho send them a copy of my 341 meeting and tell them to go away ~
        Filed on 7-17-09
        waiting for 341
        341 meeting 8-21-09
        discharged/ case closed 12/23/2009

        Comment


          #5
          the equivalent legal term to statute of limitations is: statute of limitations

          latches is something else: it's sitting on your rights for a long time and then bringing them up, where the time that passed causes the other party to believe you gave up. it usually doesn't apply to debts like this. anyway, SOL is a much stronger defense than latches.
          filed ch7 May 09
          341 june 09
          discharged, closed Aug 09

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            #6
            Just checking my sig sorry!
            Chapter 13ner

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