Can a creditor try to collect a debt 13 years after bankruptcy was filed?

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Can a creditor try to collect a debt 13 years after bankruptcy was filed?

They claim that when I took out the unsecured loan that I signed something that said I could not include it in a bankruptcy. They never disputed the charge off in court or by mail to the court. My bankruptcy papers clearly state that they were included. Now they are using a collection agency to try to collect from me almost 14 years later. Can they do this?

Asked on June 29, 2012 under Bankruptcy Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the creditor who is now trying collect on a debt allegedly owed by you was named in your bankruptcy schedule more than ten (10) years ago where you received a bankruptcy discharge, then it would appear that this creditor is precluded under federal law from trying to collect on this claimed debt.

Most importantly, since this debt seems to be more than ten (10) years old and assuming there is no judgment against you for this debt, nor lawsuit filed, then it would appear that this creditor is time barred by your state's statute of limitations from bringing a lawsuit against you for its payment.

I suggest that you might want to consider consulting with an attorney that practices in the area of consumer law to further assist you in this matter.


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