QUESTION
Can a debt collector come after you after 3 years of no contact?
Asked on Apr 07th, 2012 on Bankruptcy - California
More details to this question:
We purchased an rv in 2006 lost our jobs in 2009. They repossessed the rv. 3 years later a debit collector has contacted us to pay 62,000 in principal. Can they do this now after 3 years of no contact? We don't have this kind of money now. Should we file bankruptcy?
13 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Yes, they can contact or even sue you. You should explore the possibility of bankruptcy.
Answered on Apr 25th, 2012 at 12:27 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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In Washington the statute of limitations on written contracts is 6 years. Your question did not specify which state's law applies and that might make a difference. However, if it is Washington law, 6 years is the key.
Answered on Apr 24th, 2012 at 4:21 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes they can come after you. Yes you should consider bankruptcy.
Answered on Apr 13th, 2012 at 1:52 PM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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In Florida, the statute of limitations on a written instrument is 5 years to sue to collect. You should consult a bankruptcy attorney.
Answered on Apr 12th, 2012 at 3:41 PM
Bankruptcy Attorney serving Houston, TX
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Pamela L. Stewart, Attorney at Law
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If you are in Texas, the answer is yes. Creditors have four years from the date of default to bring a lawsuit to collect the debt. They may try to collect (but cannot file a lawsuit) longer than four years. If the debt is $63,000.00+ and you have other debts, you may want to visit with a bankruptcy attorney to see what your options are.
Answered on Apr 12th, 2012 at 12:45 PM
John R. McNeal
There is a three statute of limitations within which a debt collector must file a collection suit. This three year period begins to run from the date of the last missed payment. No need to file bankruptcy unless a judgement entered against you.
Answered on Apr 12th, 2012 at 12:27 PM
Domestic Relations Attorney serving Huntsville, AL
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Ferguson & Ferguson
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3 years is not usually too long in any state to pursue you on a repossessed vehicle. If they continue to pursue you might have to file bankruptcy to avoid them garnishing or levying on your property.
Answered on Apr 11th, 2012 at 6:31 PM
Bankruptcy may be a good option to address this liability.
Answered on Apr 11th, 2012 at 6:27 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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The applicable statute of limitations is four years. You may want to contact a bankruptcy attorney to discuss your options.
Answered on Apr 11th, 2012 at 6:25 PM
Yes a debt collector can come after you after 3 years of no contact. You still owe the debt. Whether you should file bankruptcy depends on your circumstances. Assuming there are no special circumstances regarding the rv debt, it should be dischargeable in a bankruptcy.
Answered on Apr 11th, 2012 at 5:30 PM
Yes, the statute of limitations has not run yet- still many more years to go. Bankruptcy may be a good option at this point to discharge this unsecured debt.
Answered on Apr 11th, 2012 at 5:29 PM
If the action was based on a written contract, the statute of limitations is 4-years, meaning they can still try to sue you on the debt. If it was not a written contract, the statute of limitations may have expired. You should consult an attorney to determine your course of action.
Answered on Apr 11th, 2012 at 5:28 PM
Yes, the creditor can try to collect the debt from you. In many cases debts are sold in bulk and once purchased the new owner of the debt will revive collection efforts. In California, the limitations period on written contracts is 4-years. This means that the creditor has 4-years from the date of the breach to sue you on the contract. You mentioned that it has been about 3-years since the repossession, so I suspect the limitations period has not yet run and a lawsuit may soon follow. A deficiency arising out of reposession of a vehicle is typically dischargeable in bankruptcy.
Answered on Apr 11th, 2012 at 5:26 PM