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legal question about SOL


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my mom co-signed for me in 2001. i filed BK for this item and it was discharged in 2003. my brother received a call from a collection agency trying to reach my mom. she said she thinks they gave my brother a case #.

my called me and is worried about being sued. I live in texas and the loan originated in texas. my mom now lives in geogia. SOL in texas in 4 years but in georgia its 6 yrs. the date of last activity is april 2002. this would make it out of SOL in texas but still within the SOL in georgia.

question is ....what SOL will they use?

what should we do to to handle these guys?

can she be sued?

thanks

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They might want to go with the state with the longer SOL (Georgia)...

When was the loan first defaulted on and not made current? The date of last activity is unimportant.

You declared BK so they can't come after you..so they're trying to come after her.

can a person file for bankruptcy after getting a judgment against them in small claims?

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They might want to go with the state with the longer SOL (Georgia)...

When was the loan first defaulted on and not made current? The date of last activity is unimportant.

You declared BK so they can't come after you..so they're trying to come after her.

so, the collector can choose which state laws to follow if the signing parties live in different states? here is all the info i have on this...

The collection agency "942yc00091" was hired to collect a debt of $12,393 originally owed to "Mitsubishi" on account number "XXXX82N1".

Collection agency [?] 942yc00091

Original balance [?] $12,393

Current balance (as of Oct 01,2006) [?] $19,917

Status (as of Oct 01, 2006) [?] Unpaid

Date assigned [?] Aug 01, 2003

Date reported [?] Oct 01, 2006

Date last active [?] May 01, 2002

Original lender [?] Mitsubishi

Account number [?] XXXX82N1

Account holder [?] Joint

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so this is all on a car loan?

if this had been on a CC, the terms might have a section that says the applicable laws of the state of XXXX apply....

where is the car now...has it been repo'd yet? i would check each states laws and see what they say. if your mom co-signed, its a joint account and they can go against her as being responsible for the debt. that is the whole purpose of co-signing....to guarantee a loan.

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wait...this was filed under bankruptcy? that should have discharged the entire loan....what gives?
No, the BK would have discharged the loan for the OP...but, the co-signer would have still been on the hook. If the car was repoed, then that's another matter...the co-signer would only have been on the hook for the discrepancy, and there might have been some UCC violations because of that. If it wasn't repoed...then, wow, it really gets confusing.
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No, the BK would have discharged the loan for the OP...but, the co-signer would have still been on the hook. If the car was repoed, then that's another matter...the co-signer would only have been on the hook for the discrepancy, and there might have been some UCC violations because of that. If it wasn't repoed...then, wow, it really gets confusing.

let me see if i understand this...

if there is a co-signer on a loan, and the main loanee goes to BK and gets this written off, the co-signer is left to hang unless they declare BK too...? i would think that the entire loan...everyone involved, would be relieved of the loan since the original loan was placed into BK.

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No, the BK would have discharged the loan for the OP...but, the co-signer would have still been on the hook. If the car was repoed, then that's another matter...the co-signer would only have been on the hook for the discrepancy, and there might have been some UCC violations because of that. If it wasn't repoed...then, wow, it really gets confusing.

the car was repoed back in 2002, i put in on BK in 2003.

thanks

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let me see if i understand this...

if there is a co-signer on a loan, and the main loanee goes to BK and gets this written off, the co-signer is left to hang unless they declare BK too...? i would think that the entire loan...everyone involved, would be relieved of the loan since the original loan was placed into BK.

Nope...that's what a co-signer is for...if you don't pay, for whatever reason (includeing BK), they co-signer says they will.
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