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#1
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Listing old debts not on credit reportWhat is the name of your state? MN Just when I thought I was done, I found a folder full of old letters from collection agencies for debt that is not listed on my credit report and from which I haven't heard anything from in years. They are dated 1996 and prior. Most are returned checks. If I file bk and don't put these down what is the chance they will come after me for these debts later? The thing is, I don't remember what, if any of these I paid off and I feel that trying to contact these collection agencies might cause them to suddenly decide to pursue collection if I do still owe them. I am so utterly frustrated with this whole process, but I know it's a means to an end. Also, could someone please answer my previous entry regarding how to list my car when I owe more than it is worth? Thank you so much for any help you can offer. |
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#2
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| If those debts are all 1996 and older, the statute of limitations for being sued to collect has run out. SOL is 6 years for credit cards and if you haven't been contacted about those old unpaid checks in that long, I would not worry about them or put them on your filing. The CA's that had those accounts 7 years ago are long gone. I would, however, keep that file. There are enough junk, scumbag CA's who do nothing but try to extort money from people with nasty (and illegal) scare tactics to pay on an old, old check (JBC & Assoc. comes to mind). They can neither sue you or have you arrested (their favorite threat). Just a heads-up ![]()
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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#3
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| Thanks, Ladynred. You mentioned JBC & Associates. Have you heard of Asset Acceptance Corp? They sent me a letter last year about my Dayton's credit card that had been charged off in 1996 for $468 and they tried to tell me that I now owe $1656. No one had contacted me since 1996 nor has the charge off been on my credit report since 1998. I just wonder how many companies are out there that are trying to get more money than the original debt was for As far as the car thing goes, I know you answered part of this for me once, but I'm still confused on whether I should list on Schedule C the Value of Claimed Exemption and Current Market Value w/o Deductions as zero since I owe more than the vehicle is worth. Thanks again ![]() |
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#4
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| ASS-et is a very nasy outfit, so you DEFINITELY want to list them in your bankruptcy no matter what ! Even though the debt is time-barred by the SOL, these goons have a nasty reputation for suing on out-of-statute debts. Whether they still own the paper or not, I would get them into your creditor matrix. As for the car, I don't have my Nolo book with me today ![]() Since you have no equity in the car, then I don't believe you have to list the vehicle exemption for it at all - you have nothing to exempt - no equity, you're upside down on it. Its a secured debt where you owe far more than the FMV of the vehicle.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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#5
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| Thanks again Ladynred! I did include Asset Corp in my bk just in case. Have a great weekend. I'm off to make copies of my paperwork. Will have to wait until Monday to file, but at least I know it will finally be done ![]() |
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