Re: Calif. Statute of Limitations for Debt Collection

by Sharon
(Santee, Calif)

California has a 4 year statute of limitations for debt collection. I filed for Chapter 13 with a 3 year repayment plan and after my income dropped again I was unable to get a payment reduction so I ceased payment. My question is when does the 4 year clock start ticking? The date my Bankruptcy was discharged? Or, the date of my original filing? Thank you!

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Jul 30, 2010
 debt collection after bankruptcy
by: Gerri

Did you consult with your bankruptcy attorney when you dropped out of your Chapter 13 plan? In some cases, a Chapter 13 plan can be converted to a Chapter 7 bankruptcy so the remaining debt is discharged.

If you drop out out of bankruptcy, the automatic stay is lifted, and your creditors can contact you again.

We recommend you contact your bankruptcy attorney about your question. Your recent payments may have affected the statute of limitations, and you need legal advice on how to proceed with these debts. If you filed without the help of an attorney, we strongly urge you contact one right away.

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