11 Year Old Debt Continued w/new info

[jobette]

What is the name of your state? NY I went through a bunch of paperwork and found that the debt - repo sold at auction ($3,643.00) was put on my credit report in 4/94. I cannot find the 1099-C that I was sure I had. Apparently there was a Civil Claim Judgment in March 1997 for $4757-- It was under my name w/my hubbie as co-signer. I filed bankruptcy in 8/2000 & discharged 12/2000. They are after my husband. They sent me a letter/subpoena on 2/7/2004 stating that I owed them. I explained I filed bankruptcy and they said my husband is liable. It looked all official and everything so we agreed to pay $30.00/month. Started paying in 4/2004. Can they still collect after almost 7 years from the judgement? Should I retain a lawyer or is my $$ wasted doing that?? Help they need a reply next week to start payments again or they will sue me or should I say my husband. Thanks.

[Chien]

It would be easier to follow this, if you continued it in your original thread
[URL="http://http://forum.freeadvice.com/showthread.php?t=314193"]http://http://forum.freeadvice.com/showthread.php?t=314193[/URL]
where Ladynred asked you about the 1099-C and Debt Guy explained that continuing payments in 2004 was likely to have re-started the SOL, which would appear to leave at least your husband vulnerable.

[jobette]

I apologize for that. My little girl became ill and I had to log off for a while and take care of her. She is currently sleeping so I can talk. I cannot find the 1099-C since it was so long ago and I do not even have my taxes from back then. I spoke with someone today who thought that I was not liable. I don't know what the statue of limitations is in NY. I think it is seven years. If I began payment after the seven years, then I shouldn't be liable. I'm not sure if I can stop this whole thing or not. I really don't mind paying if that is what is fair and true. But if it is not.....then I don't want to pay. I just want to know what I am doing is right.

[Chien]

No apologies necessary. I was just making a point. I hope your little girl's doing better now.

"If I began payment after the seven years, then I shouldn't be liable."
No, while the SOL is 6 years, the point that DG was making is that by making payments in 2004, it's highly likely (I'd say a certainty) that you revived the debt and started the limitations period running again. That's the way it works, even with an expired SOL.

My guess, and it's just a guess, is that "they" think YOU discharged the debt is your 2000 BK, but the debt is still alive as to your husband, so they're going after him for the judgment and then whatever assets they can reach.

Why did someone speculate that there was no longer liability and was that person referring to both you and your husband?

Without more information, including the status of a possible 1099-C and even if you listed this creditor in your BK, it's hard to give more definite opinions.

[Ladynred]

You can get full copies of old tax returns from the IRS. Since a 1099-C would have to have been filed with your tax return, there SHOULD be a copy of it in the IRS file. I suggest you call them and ask about it. Unfortunately it may not help your husband, it depends on how it was issued.