Chap 13 and SOL

[jezter6]

Car loan was repo in 03, credit report shows DOFD after the repo as 04, charged off in late 04. Father files Chap 13 in 2005. He later converted that to Chap 7 discharged Feb 08.

In his paperwork it shows a list of creditors and "Amount Allowed" cloumn, then a "Paid to date" column, and a final total column.

Creditor is now suing me as a cosigner to this car loan.

I don't know what this "paid to date" column means at all. There's a lot of entries in there, so I assume in his Chp 13 he made some sort of payments, but I'm not aware of who they are to or what they have to do with this debt.

My CR doesn't show any sort of payment since 2005, before the chapter 13.

Could this payment "toll" the SOL?

I plan on using 4 year SOL to get this thing shut down, but wanted to know if that Chp 13 restructure/payment/whatever is going to come bite me in the behind.

Also, the SOL is 42 Pa C.S.A 5255 --- how do you "say" that when referencing it in court?

Thanks!

[admin]

It should read "Account included in Bankruptcy"

[jezter6]

I don't get that one.

I am so n00b. heh

[jezter6]

bump for help!! my hearing is wednesday!!

[OMGWhatHaveIdone]

If the debt was listed on your father's BK, then the creditor knows this and as such, knows that it was discharged in the BK. They can not go after you for this. I would consult with your father's attorney that did the BK for him and see what he has to say about it. If anything, when you go to court, you bring your documentation with you and if that's not good enough, then you use the SOL of four years as your defense. Do you have proof showing when the actual DOFD was? Technically, the DOFD would be PRIOR to the repossession, otherwise, the vehicle wouldn't have been repossessed in the first place. If you have evidence of the repossession and the date, you could try using that as well. Seems to me, you have enough evidence proving SOL to begin with. Personally, I would use the fact that it was IIB as your defense, then offer up the SOL as your second defense.

[OMGWhatHaveIdone]

Also, the SOL is 42 Pa C.S.A 5255 --- how do you "say" that when referencing it in court?

Thanks!

You can say: "Under Title 42, Chapter 5255 of the Pa Consolidated Statutes , the Statute of Limitation on this debt is four years. The Statute of Limitation is now passed. I am requesting a dismissal based upon this fact."

[jezter6]

Crap -- I lost my post.

First, thanks for your help!!!

Ok, back to my questions:

My CR lists DOFD as 3/04. Charged of 180 days in 10/04. I don't know when they repo'd - but I swear I read here that repo sale will reset the SOL as a "payment" on the account.

Here's how it's listed in the CR:

Charge Off as of Oct 2004 to Oct 2005

180 days as of Mar 2004 to Sep 2004, Oct 2003 to Jan 2004

Now, dad filed chp 13 in 2005. I have his docs, but what I'm asking is that the document has an original amount for this creditor then some sort of "paid to date" column, then a final amount. Is whatever "paid to date" part going to reset the SOL on this damn thing to 2005 when he filed Chp 13. This final amount is what is listed on my CR as of 10/05 and they never updated since. 05 is definately still within the SOL...which has me worried. The CHp 13 was converted to a Chp 7 and fully removed from his life.

As to your other comment about his bankrupcy is about me being not liable for this -- are you sure on that? I emailed his bankrupcy lawyer about this just to find out what I should do, and he said to take the judgment and fix it - which I won't do. He didn't say anything about fighting it because dad's bankrupcy puts me in the clear. Even the lawyer I talked to said she knew about the bankrupcy and that's why I'm now on the hook for this. If she thought I was safe --- why would she even bother if she knows I'm intending to defend??

More help needed...

Thanks!

Update: This was in another post by fizzle - who I consider a decent authority

"The SOL clock starts from the date of sale of the auto."

[OMGWhatHaveIdone]

Let me ask you this: Are they suing you in PA or in MD? That makes a big difference. Also, check with the repossession laws in PA. I'm assuming that's where the vehicle was repo'd from. I'm also assuming that's where your dad filed his BK.

After reading through another post in this forum, since you are/were the co-signor, then you can now be looked at by a creditor to assume the debt. The fact that it was IIB of your dad, only means that they can't go after him to get the money.

Since you were the co-signor, you should have been sent documentation showing proof of the sale of the vehicle and what it sold for. A computerized statement simply isn't good enough, IMO. Anyone can make up a statement on their computer and print it out. Check the PA statutes, again, for the repossession laws. You can also call the PA AG's office of Consumer Affairs to see if they can provide further clarification on what those laws are.

Sorry I can't be of more help!

[jezter6]

Thanks OMG.

They are suing me in PA. It is where the loan, repo, and bankrupcy were done. The problem is I don't have any of these old records.

[OMGWhatHaveIdone]

Perhaps you can request discovery in your answer to the summons? I would search this forum for what to do if you are being sued, as there is a sticky on that subject. I really wish I could help ya out more.