Which state's SOL applies?

Hi, I'll try to make this as brief as possible.

I currently live in Texas. In 1995 I filed Chapter 13 in North Carolina. I couldn't make the payments and and the bankruptcy was dismissed in 1997. I received a letter from a collection agency in New Jersey stating that they now owned this account and wanted payment in full.

My questions are:

1. Which states SOL applies?

2. What date does the SOL start on; the date the bankruptcy was filed, the date the bankruptcy was discharged or the date they purchased the account from the original creditor?

Thank you for you time and consideration.

[JETX]

If the bankruptcy was dismissed, NONE of the debts were discharged. So, the dates of bankruptcy filing or dismissal are not relevant.

The statute of limitations will be determined by the state where you lived when the card was used. If this was in North Carolina, their SOL for an 'open account' is 3 years. This would be figured from the last account activity (payment received).
If a judgment was rendered, the SOL is 10 years.

Hello, and thank you for your prompt reply. I'm sorry I didn't and this bit of information, but it slipped my mind. This was a personal loan taken out by my wife by POA. I know that's not relevant but the fact that it's a written contract is. I believe that the the North Carolina SOL on written contracts is 15 years. So... I guess it's best that I try to work some sort of payment arrangement with them.

Again, thank you. The information you provided was extremely helplful.

Have a nice day,
cdiaz1

[JETX]

Since most of the 'unpaid debts' on this forum are credit cards, I guess I suffered from a brain freeze and assumed yours was also.

However, here are the SOL's for North Carolina:
Open Acct.: 3 years
Sale of Goods: 4 years
Written Contract:3 years
Domestic Judgment:10 years
Foreign Judgment:10 years

Good luck....

Thanks again, I was certainly mistaken on the SOL for North Carolina.

It was my fault however for not stating what kind of debt this is.

Your help is appreciated.