Legal Question in Credit and Debt Law in Pennsylvania

What State Statue of Limitations Applies

I purchased 2 cars in 1996 while living in WV. In 1998 I filed bankruptcy, of which I reaffirmed with the lender of the cars. The contract was rewritten. I moved to NC in 2000 and in 2001 I could no longer pay for the cars so I turned them into the lender. The cars were sold at an auction and I was left with the balance. In 2002 I moved to Pa and the last payment I made was Sept 2002. Recently I was contacted by a collection agency and I would like to know what State Statue of Limitations applies in this situation.


Asked on 10/29/06, 12:07 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: What State Statue of Limitations Applies

You asked what state statute of limitations would apply to get you out of paying for a debt reaffirmed in bankruptcy.

Wow, I have rarely seen someone botch up so badly. You could have gotten rid of the debt in bankruptcy, but noooo. Had to keep the hoopde.

It doesn't matter what state state statute prevails because you haven't got a place to hide. Statute of limitation would only make the underlying debt uncollectiable. It won't prevent the creditor from reducing your debt to a judgment and then holding that debt for the term of the judgment. Moreover, because you reaffirmed the debt in a previous bankruptcy that debt is excepted from discharge in any future bankruptcy.

Children, today's lesson is never reaffirm. If you are going to use bankrptcy then what business have you reaffirming a debt. It disqualifies that debt from ever being charged off. Period. Those hoopde debts will be following you around for a years. forget about the statute of limitations, find a way to settle them as paid in full.

Regards,

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Answered on 10/29/06, 6:37 pm


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