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Registered
Join Date: Aug 2006
Location: SoFLA
Posts: 5,536
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How long does one have to collect a debt?
Is there a "statute of limitations" so-to-speak on collecting a debt? Some loser owes me $3800 for work I did around '08. He filed bankruptcy (corporate), but never listed me as a judgment creditor. Now his BK is overwith and he's back in business.
Can I still proceed to collect the debt after all this time? 
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10-01-2010, 04:17 PM
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Registered
Join Date: Oct 2003
Location: Michigan
Posts: 14,093
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Bump for an interesting question.
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1981 911SC ROW SOLD - JULY 2015 Pacific Blue Wayne |
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10-01-2010, 05:48 PM
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FUSHIGI
Join Date: Feb 2006
Location: somewhere between here and there
Posts: 10,734
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+1 as I'm owed $3k by a fellow pelican since March
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10-01-2010, 06:42 PM
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Quote:
As for Danny, good question. Answers.com has this regarding debt collectors.. Answers.com - Can a collection agency attempt to collect on a debt that is almost 10 years old
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Make sure to check out my balls in the Pelican Parts Catalog! 917 inspired shift knobs. '84 Targa - Arena Red - AX #104 '07 Toyota Camry Hybrid - Yes, I'm that guy... '01 Toyota Corolla - Urban Camouflage - SOLD |
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10-01-2010, 07:35 PM
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Registered
Join Date: Aug 2006
Location: SoFLA
Posts: 5,536
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Quote:
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10-01-2010, 07:38 PM
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Registered
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More info..
Debt problems: Statute of Limitations on Debt Collection Debt Collection Statute of Limitations – What’s the Statute of Limitations On Debt I have a client that is a bankruptcy lawyer. I can ask him, but it would probably only pertain to Ca.
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Make sure to check out my balls in the Pelican Parts Catalog! 917 inspired shift knobs. '84 Targa - Arena Red - AX #104 '07 Toyota Camry Hybrid - Yes, I'm that guy... '01 Toyota Corolla - Urban Camouflage - SOLD |
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10-01-2010, 07:41 PM
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Registered
Join Date: Aug 2006
Location: SoFLA
Posts: 5,536
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Quote:
Thanks. |
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10-01-2010, 07:44 PM
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Registered
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You are welcome. I hope it works out.
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Make sure to check out my balls in the Pelican Parts Catalog! 917 inspired shift knobs. '84 Targa - Arena Red - AX #104 '07 Toyota Camry Hybrid - Yes, I'm that guy... '01 Toyota Corolla - Urban Camouflage - SOLD |
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10-01-2010, 07:48 PM
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drunk and stupid
Join Date: Jan 2009
Posts: 8,619
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Considering the BK, more than likely you're legally hosed. An ad would have been placed in the paper at some point during proceedings calling for creditors with a legal interest to make their claim.
He may not be aware of that, so you could try to strong-arm him a bit. |
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10-01-2010, 09:36 PM
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I'm with Bill
Join Date: Jun 2005
Location: Scottsville Va
Posts: 24,186
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Quote:
Had a guy in Fla. try and stiff me for a 16 valve Cylinder head. He was dealt with very fast by the powers that be here at Pelican and was banned. We don't need deadbeats doing "biz" on this board. As for your 3k, I recommend a baseball bat and a plane ticket.
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Electrical problems on a pick-up will do that to a guy- 1990C4S |
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10-02-2010, 01:37 AM
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FUSHIGI
Join Date: Feb 2006
Location: somewhere between here and there
Posts: 10,734
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Well, I'm not "bent" for the money but am very concerned. The fellow is in the real estate biz and we all know how that has gone. He has helped me personally in the past and I will always owe him that debt of gratitude. I can't understand the run-around I'm getting..."I'll have my accountant send half the money on Monday"...that was a more than a month ago... .
None-the-less, $3K is a fair bit of $$ and the goods at issue were re-sold at more than the amount in question...I don't know what happened to that money and we never had a paper contract. I have plenty of documentation that the transaction took place and that the goods were re-sold (I sent them to that buyer from here). I'm being played but would rather not flush our friendship if possible. It is costing me sleep. |
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10-02-2010, 04:30 AM
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AutoBahned
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do you have a court judgment against him or what??
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10-02-2010, 11:39 AM
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Student of the obvious
Join Date: May 2000
Location: Phoenix
Posts: 7,714
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Quote:
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Lee |
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10-02-2010, 11:56 AM
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You do not have permissi
Join Date: Aug 2001
Location: midwest
Posts: 39,832
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I thought the personal bankruptcy laws were modified(helped by RE lobbyists) a few years back in order to make it more difficult to shed debt.
If it was corporate debt, I don't know if a corporate FOIA filing(is there such a thing?) or a estate/assets disclosure filing would find more information. If the company had recoverable property or funds they might be recoverable, but bigger creditors would have to be satisfied first. I understand squat about the legal weight of just changing a company name, if the owner and the new business are the same. There's a slim hope a small claims judge might just throw out the protection of his corporate status, especially if he hasn't filed yearly As with anything, the amount vs. your time and energy will be the deciding factor. Walmart will always have baseball bat sales after the season is over. |
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10-02-2010, 07:40 PM
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The Unsettler
Join Date: Dec 2002
Location: Lantanna TX
Posts: 23,885
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If the business owed you money and it went bankrupt I believe it would have been up to you to file a claim with the court.
I think you are SOL.
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"I want my two dollars" "Goodbye and thanks for the fish" "Proud Member and Supporter of the YWL" "Brandon Won" |
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10-02-2010, 08:07 PM
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FUSHIGI
Join Date: Feb 2006
Location: somewhere between here and there
Posts: 10,734
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Not the OP but my payment was received in its entirety this past week!!
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11-07-2010, 04:34 PM
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1984 Porsche Targa 3.2L
