I have question for you???

What is the name of your state? Georgia

If I had not paid on a debt (e.g., jewelry store purchase/card, utility and phone bill, Sears, etc..... since July of 1997, not even one single payment....would I be better off just waiting it out, and not paying anything, or should I try and catch up? If I pay anything, that would start action and show action on those accounts again, which would stop any SOL, wouldn't it? Would I be better off just leaving it alone, whether I ever file bankruptcy or not?? When would the SOL on these run out...if ever?

Oh, there is a car in there also, I almost forgot. But, it was one of those loan/lease type of things, so I am not really sure just how that would effect your credit. We had paid on it for at least a year and one-half, never missing or late, until we split up and I let him have it. I had all the credit, ex had none, so we were trying to build up his credit. I ended up being the first signer, or Co-signer, can't remember, on that car anyway. I guess it really doesn't matter now though, my credit is already ruined over all this. The ex took car when we split up and I took the other car that was paid for, under my name only! Then about seven or eight months later, I find out the car had been repo'd from him. I was never contacted to see if I wanted to take it over, not from him or Mitsubishi. I have never heard a single word from them since 1997. Not one.

And I had him added to MY Sears acct., and we did that for around six or seven months, until he decided he wanted a new computer. Sears had one that he liked, so we applied together for a Sears Plus acct, so the interest, etc... would be lower, but they still put me as the owner of that account, which I didn't appreciate. So, when we split up...I was stuck with the regular Sears bill that he helped to charge up, I had a very small balance when I added him, Plus, I was stuck with the Sears Plus acct., with about $3,000, charged on it for computer and things.

The ex left me with all the bills on top of that, to include a huge phone bill that HIS friend left us with. His friend was calling his wife from Ga to Mo, almost every single night, after we separated, then he left and didn't pay it. I had been nice and I left the phone connected when we first separated, the ex had always been great on paying things before this...but he informed me that since it was hooked up under my name, as was the electric, etc.... that he couldn't shut it off, that I needed to. That he knew his friend was on the phone while he was working and was afraid the bill would be large. So, I had it shut off, and two weeks later I saw the final bill and almost died. About $400, or more. So, I immediately had the electric shut off too, and received my letter of credit, to protect myself. The ex at that time had been telling me that he was taking care of the Sears bill, to not worry about it, so for about four months, I didn't. But, I found out that each time a bill came he pitched it over on the floor and never paid it. So, when I took it back over, going to try and pay everything, I was already about four or five months behind to start.

But, with all the above, etc.... I just couldn't pay it all. Plus I had child support to pay because my first ex and I had switched custody about six months or so before that. My job contract ended, so I was out of work for over a month and when I did go back to work...it wasn't even close to what I made alone before, or what the ex and I made together. I just couldn't make the payments and he never offered to help, he just left them to me. So as you can see, I have just gotten deeper and deeper in it and since 1997, things haven't been much better.

I am considering filing Chapter 7, weighing it all out... but I would like to know if I should even try to pay any of these bills at all, or just leave them alone. It could be six months before I am able to file, or longer. I may as well file for bankruptcy..I don't see how my credit could possibly be any worse...ha! And I have back child support now also, about $5,000. I don't know how I will ever catch up on that, but I am trying.

Do you have any suggestions??? Would you leave all these bills as they are, unpaid? Do you think that I would be a good candidate for Chapter 7? I am really sorry that this is so long, but as you can see, I am REALLY frustrated and trying to deal with a lot of stuff and just want to do the best I can, if I can.

Thank you.

[Ladynred]

Yes, sounds like you're a good candidate for Ch 7 (except for the child support, which cannot be discharged).

However, - SOL on credit cards in GA is FOUR years, so that has passed some time ago - IF anyone were to sue you for any of those now, you could use the expired SOL as your defense and it would be thrown out.

The car repo- there's a 2-year SOL on the collection of deficiencies from repo's, so THAT has passed the SOL as well.

I believe the phone is also considered an open account, but even it its considered written, the SOL is 6 years - so, depending on when the last payment was made that could be borederline.

If the last payments and delinquencies all occurred in 1997, then these things should drop off your credit report in a year. The SOL's have all passed, so a lawsuit is not a problem should a collection agency with that threat crawl out of its cesspool. As I stated above, the expired SOL is your defense if they're dumb enough to sue you.

Sooooo... if you can't file for 6 months, why not hang on another 6 until this stuff drops off your credit report by themselves ??? As you stated, your credit is bad, but once all this stuff drops off, it'll improve immediately - why kill it for 10 more years with a bankruptcy ???

Take a good look at the come-off dates (or the date of last activity) on your credit reports. If they're going to drop off in 2004, then why file bk ?? You're fairly safe from lawsuits if all of these accounts went bad in 1997. Take a hard look at your CR's before you file.