Legal Question in Credit and Debt Law in California

Credit Card Debt

I am being harrassed by attorneys representing a collection agency for a past credit card debt TEN yrs old!

Prob is I filed chp 13 on this debt 6 yrs ago paid it off 3 yrs ago, and because my husband and I were entering into escrow to buy a home, I had to voluntarily dismiss my bk because discharge took too long and we didn't want to lose the home and owners were unwilling to wait. Now here comes this attorney aggressively sending court papers hoping to settle at 1800.00 for a 2700.00 debt. Apparently trustee had small amount of money left over and sent this co something in Dec 2006 when I dismissed my bk. Question: Does this payment from trustee (not me) open up SOL in California? What recourses do I have? Thks.


Asked on 7/14/09, 3:57 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Credit Card Debt

The bankruptcy "tolled" or extended the statute of limitations. Further, because it was a chapter 13 where payments were being made, and a final dividend was paid to the lender in 2006, the statute of limitations probably did not start running until December 2006. As such, you have at least one and a half years before the statute expires. I would suggest that you first meet with an attorney to review this in more detail - from your description it sounds like the statute has not yet run, but there are many more facts that need to be analyzed to provide a proper opinion on this. Further, you may wish to engage an attorney to attempt to settle the debt for you.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/14/09, 12:35 pm


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