Hello in LA.

[ahsram411]

What is the name of your state? I currently reside in the state of Louisiana. I need to know what the statue of limitations for a collection agency to collect an old debt. I had returned a lease vehicle in 1999. I had owed a debt of approximately 2,000.00 for overexceeding the miles. I had made some payments in the year 2000. I think one or two. I had since failed a chapter 13 bankruptcy, but it was dismissed because I became ill and was not able to continue with the payments. It was failed with the bankruptcy, but to my knowledge was not paid anything. Now the creditors are harassing me and told me that I must pay or will be sued. I told them that I am not able to pay, because I am disabled, and only getting disability income once a month. They said that I have to pay and wants me to make arrangements with them, in which I am barely making it with my monthly income. What options do I have? They are constantly calling and harassing me. I have not heard from this company for over 2 or 3 years, and now all of a sudden they are harrassing me. PLEASE ADVISE. They also said that they cannot accept anything under $25.00 a month. This claim is for an automobile. (I can't afford that much a month, only $5.00 a month) This company has also tacked on their attorney fees and incudes a 4% interest on the amt. everymonth it is not paid. The price has since gone up to close to $5,000.00.

 

[Ladynred]

Statute of Limitations on a written contract, such as lease, is 10 years in LA - you're not out of the woods at all.

They can make all the threats they want, but what they will actually DO is another story. Your income is exempt, they can't touch your disability income.

Do you own a home ?
Do you own a vehicle and is it financed or paid off ?

 

[ahsram411]

To the ladynred

This is Louisiana, in response to previous questions to sol in my state with the lease contract. I do own my home and I do have a automobile that is paid off. My house is not paid off though. What should I expect from them? I did receive a judgement from them in 2002. PLEASE ADVISE.

 

[Ladynred]

The judgment changes the picture to some degree. Equity in your home is exempt up to $25,000, so if your equity falls under that, your home is safe. LA does not have a specific exemption for vehicles, so that could be a problem. However, if they've had the judgment for 2 years and have done nothing about the vehicle, then its unlikely they will.

About the only thing left for them to go after is your bank account. If you've no other non-exempt assets, there's not much more they can do.