Filing when I am not being harassed?

[Anonymous]

I have several accounts (10-15) that have been charged-off, sold, or repoed. I am not being bothered with phone calls, summons, judgements, etc. They are a few years old at this point, scheduled to fall off throughout the year of 2024. 

I contacted a bankruptcy attorney and got a consultation. What stuck out to me was when he asked," What debts are bothering you?" And when I told him "None even call me", he hesitated. 

My question is what should I do? I thought about the bankruptcy but I also thought I should just get a secured card and wait for the items to fall off. I currently have a store account that is active but they only report to trans union. I don't have plans on buying a home anytime soon, my family and I are having a big life change soon so it will take us a while to get settled. 

[Jnbmom]

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@Anonymous wrote:

I have several accounts (10-15) that have been charged-off, sold, or repoed. I am not being bothered with phone calls, summons, judgements, etc. They are a few years old at this point, scheduled to fall off throughout the year of 2024. 

I contacted a bankruptcy attorney and got a consultation. What stuck out to me was when he asked," What debts are bothering you?" And when I told him "None even call me", he hesitated. 

My question is what should I do? I thought about the bankruptcy but I also thought I should just get a secured card and wait for the items to fall off. I currently have a store account that is active but they only report to trans union. I don't have plans on buying a home anytime soon, my family and I are having a big life change soon so it will take us a while to get settled. 

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First off how much debt are we talking about? It all depends what the SOL in your state, has anyone gottten a judgement? Just because you seem to not be getting any phone calls doesn't mean they won't come after you.

[Anonymous]

Florida has a 5 year SOL on debt and no I haven't received anything from anyone in regards to judgements or court dates. 

edit: with credit cards and auto loans about 35K in debt. 

[Anonymous]

You can always play wait and see.

[Anonymous]

Florida SOL 4yrs for revolving 5 yrs for installments

[Anonymous]

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@Anonymous wrote:

Florida SOL 4yrs for revolving 5 yrs for installments

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@Anonymous Please clarify where you see that in Florida Statute 95.11?

[Anonymous]

The only thing I see that could be construed under four years would be a store account.

[Anonymous]

I google searched florida SOL every website I seen had that on it. NOLO etc.

1. oral contracts 4yrs

2. written contracts 5yrs

3. promissary notes 5yrs

4. open-ended contracts i.e. revolving 4yrs 

[Anonymous]

@Anonymous read it from the government website. there is a subsection for five years which includes obligations based on contract which would be loan or revolving and then there’s a subsection for four years and the only thing regarding this discussion that I could see would fall under there would be store accounts.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

[Anonymous]

Section (2) lists the five year SOLs; section (3) lists 4 year SOLs.