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  #1  
Old 08-24-2005, 06:22 PM
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Join Date: Aug 2005
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Unhappy

HELP-Ignorant and confused MN debt/SOL


What is the name of your state?What is the name of your state?: Minnesota confused: - My husband and I filed chapter 13 which was released in 1996. We still owed 1,100.00 on a check protection type loan through bank that was set up through a Discover card account by the bank. When released the debt was sold off twice, and now we have a lawfirm saying they have judgment against us for $3,500.00-Lawfirm purchased debt in 2001 and notified us this year of debt owed to them. We are wondering if the statute of limitations has run out. Since they have a court judgment against us do we have a legal obligation to pay this full amount and can they, in fact, garnish our wages?

Last edited by Mndreamer; 08-24-2005 at 10:36 PM. Reason: No Reply to Question
  #2  
Old 08-25-2005, 10:04 AM
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Join Date: Jan 2005
Posts: 2,336
The SOL in MN is 6 years. The SOL begins to run from the date of first default. DOFD is almost always 30 days after your last regular payment on the debt (after which the debt was never current).

I don't think the bankruptcy has much to do with you situation. But, I'm no expect in bankruptcy. You might want to post your question in the consumer bankruptcy forum.
  #3  
Old 08-25-2005, 10:08 AM
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Join Date: Jul 2005
Location: Missouri
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Quote:
Originally Posted by Mndreamer
...Since they have a court judgment against us do we have a legal obligation to pay this full amount and can they, in fact, garnish our wages?
Judgement is the key part of your question. If they do have a judgement, you do have a legal obligation to pay the bill. Yes they can seek levys and garnishment.

Make sure they do actually have a judgement. Check with the court.

DC
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