cancel
Showing results for 
Search instead for 
Did you mean: 

statue of limitations from last payment?

tag
Creditaddict
Legendary Contributor

statue of limitations from last payment?

Account in a dismissed chapter 13 the statue of limitations would reset from last payment correct? 

Message 1 of 4
3 REPLIES 3
0REDSOX7
Valued Contributor

Re: statue of limitations from last payment?

Was under the impression the SOL is from the DoFD - so, the date you broke the terms of the contract.

 

I could be wrong though with regards to a dismissed Ch. 13...

BK Discharge 2/11/14

Currently in the garden.
Message 2 of 4
Creditaddict
Legendary Contributor

Re: statue of limitations from last payment?


@0REDSOX7 wrote:

Was under the impression the SOL is from the DoFD - so, the date you broke the terms of the contract.

 

I could be wrong though with regards to a dismissed Ch. 13...


I originally thought that too but then she said that they had accepted a payment through the bk, so I'm wondering if because they had been paid after the delinquency if that reset the SOL... All the original creditors in the BK accept 1 I think just because of EQ being SOB's are gone off the report, I was actually very taken back when I answered the phone!

Message 3 of 4
0REDSOX7
Valued Contributor

Re: statue of limitations from last payment?

Well, a quick google search came up with this...

 

Under many state statutes, a partial payment puts you back on the hook," for the entire debt and restarts the clock on forced collections" - so, seems like I was wrong.  Hopefully others will chime in.

BK Discharge 2/11/14

Currently in the garden.
Message 4 of 4
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.