Debt Collection Attorney, trying to collect past the California Statute of Limitation

[fallenanglfemme]

What is the name of your state?undefinedWhat is the name of your state? California

Today I had a law firm from California (where I have lived most of my life) contact my parent's and leave a message on their voicemail that I was being sued for a debt incurred from 1987 to 1996 a Discover Card Master Card. I spoke with this attorney and he explained to me that this debt was not included in my bankruptcy of 1996 and that I owed over $3,000 in penalties, interest, etc. as well as the original bill of 2,200.00. I got off the phone with him, got online and checked the statute of limitations in California (where I no longer live) and it was 4 years, so in essence he is trying to collect on a debt that is no longer on my credit report, and should have been charged off.

What I need to know is this: Can they legally bring a judgement against me, even when the statute of limitations has expired? What will happen if they follow through with the judgement? Any information will be greatly appreciated.

Thank you!

fallenanglfemme

 

[Ladynred]

You filed bankruptcy and this guy is telling you you still owe the debt ???

Was your BK a Ch 7 no-asset case ??
If so, then the debt is considered discharged whether it was included or not and there is case law to support that. There's also some saying the opposite but this collector is assuming you are just a 'dumb deadbeat' (thats the way they all think !) and wouldn't even think to challenge them, they just want you to cower and hand them your wallet.

Now, do you have your papers from your bankruptcy ?

As for the SOL- where do you live NOW ??
If the last time you paid on this Discover debt was in 1996 - then the SOL has expired in every state. In CA, it is illegal to sue on a time-barred debt. It is NOT illegal for them to try to COLLECT on an SOL debt - unless you're in WI.

If they sue, you have the expired SOL as your affirmative defense to get the thing thrown out.

I can post the case law cite on the discharge of debts that were not listed in a Ch 7 no-asset case.