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Re: contesting bankruptcy


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Posted by Drew (24.59.25.2) on July 29, 2004 at 18:31:45:

In Reply to: Re: contesting bankruptcy posted by LadynRed on July 29, 2004 at 15:39:12:

I hope you are not filing bankruptcy over this one debt. First of all, this debt is beyond the statute of limitations and they can't do anything to you. If they take you to court and sue you, you have a statute of limitations defense. The statute of limitations is four years from the date of sale of the repossessed vehicle accourding to many states. Check your state code.

Secondly, within two years of the sale of the vehicle they have to give you proper notice of the sale date and an accounting of the sale of it. The fact that you have never moved is their problem not yours.

Go to WhyChats site and get the letter about the repossession. WHy Chats site can be linked from the post ATTN: NEWCOMERS, POST HERE. Secondly, you can send them the SOL letter informing them that this debt is beyond the statute of limitations. Send it certified mail, return reciept requested.

Then file a complaint with the Attorney General of your state, with the FTC, with the ACA, and with your federal bankruptcy officer at the court. Once you file bankruptcy there is an automatic stay and no creditor or collector is permitted to call you after that. Ask the court for sanctions against this outfit.


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