Nov 21, 2008

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Debt Loopholes

What They Don’t Want You to Know

by Mel Goodman
Holy smokes it’s hot out here! I had to invest in a hat with a larger brim just so I wouldn’t die of exposure!

Anyway, I’m having a great time and have met many new friends in the short time I’ve been here. It seems that there is a lot of worry out here with the anticipated burst of the real estate bubble but I’ll send my thoughts on that in the coming weeks.

I have been meeting with a group of long term Californian debtors, people that have been struggling with their debt for many years. They have in most cases been hanging on through hard work and the grace of God but have not been able to get ahead. The constant barrage of collection agencies making threatening calls and sending threatening letters has worn them down. They have reached the point where bankruptcy is becoming the preferred choice.

Before you go rushing in consider that there is a statute of limitations on debt.

In California, if it has been 4years since your last payment or account activity, you have exceeded the Statute of Limitations. This goes for written contracts (credit cards, car loans etc) while oral agreements have a statute of limitations of 2 years.

The key point here is the start date of the statute of limitations. Basically it starts on the day you made your last payment or signed a promissory note, (the day you defaulted on the loan agreement).

It is critical that you check the statue of limitations before you respond in any way to an old creditor that unexpectedly leapt from the weeds. Even recognizing the debt will restart the statute of limitations clock.

Some collectors will still initiate legal action to try and force the collection of the debt but in most cases when you raise the “Expired Statute of Limitations” defense and assuming that you meet your state’s criteria, the case will be dismissed.

It is also important to become aware of the Statute of Limitations on you Credit Report. Maybe I’ll get out of the sun for a while and write down my thoughts on that or perhaps one round of golf. They say the weather may change.

Be kind to each other,

Uncle Mel

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