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personal loan statue of limitations

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kour1

Junior Member
What is the name of your state?PA My wife and I borrowed $10,000 from a bank in 1992 or 1993 to pay off bills and home improvement. This was a different bank than we borrowed for our mortgage. Since then we were divorced in 1994 and the home was forclosed on and resold shortly after foreclosure. My x-wife took care of all details of foreclosure and told me we were in the clear as far as the mortgage and loan was concerned. I have never heard from either bank since 1994 and neither debt has ever shown up on my credit report but recently received a letter from a lawyer regarding the $10,000 loan saying I owe $13,000 from interest acrued since 2000. Am I still responsible for this debt and is there a statue of limitations?
 


Debt Guy

Senior Member
You are still responsible for the debt even if it is past the statute of limitations. Being SOL is merely an affirmative defense to a lawsuit. It does not make the debt go away.

PA statute of limitations is 4 years. It begins to run from the date of default. Based on what you have said the debt is out of statute.

However, you need to find out if a judgment has been entered. Judgments hang around a really long time.

My advice is to write a letter to the attorney and just say "I disupte this debt". If there is a judgment, you should get a copy from the attorney.

If there is no judgment and you are sued, you will need to file a response with the court that the debt is time-barred.

Also, get a copy of your credit report and see if this debt is being reported.
 

zippysgoddess

Senior Member
Yes, you definitely need to check, in PA this type of judgment is good for 20 years, with 6% additional interest on the total, and it can be renewed.
 

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