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  1. #1
    Join Date
    Jul 2012
    Posts
    2

    Default Personal Promissory Note in California

    My question involves collection proceedings in the State of: CA

    In 2001 I signed a personal promissary note to a friend. In 2002 I filed for BK, this debt was not listed on the list of people or business due money. They live in the county I filed in. I would hear from this person every 6 months to 1 year, I told him, I had no money (still paying IRS). Last phone call from them was a couple of years ago (they have tried, I have not answered). I have not received any correspondance from them, or made any payments at any time, it is not on my credit report. A personal letter came in the mail last week. I have not opened it to date. I would like confirmation that the statue of limitations is past, and since they were not specifically listed on the BK, do they still have legal right to persue legal action. My BK will be off my credit report in the next 12 months. Should I have a letter from a attorney sent to them, or should I not respond or acknowledge the letter.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,902

    Default Re: Personal Promissory Note in California

    You filed what type of bankruptcy? If Chapter 7, was it a zero assets bankruptcy?

  3. #3
    Join Date
    Jul 2012
    Posts
    2

    Default Re: Personal Promissory Note in California

    I am working a contract out of town, so I am not able to take a look at my paperwork. I know it was a Chapter 7, and all debts were discharged. I took out personal BK, I still had a small medical clinic that I had closed down and had only about 12K out on the books as the receivables that the judge let me keep. I am not sure this answers your question. I appreciate you taking the time to try to answer the question. It has taken a long time for me to get back on my feet and to be able to have credit again, and happy to have the Bk off my report ny next Feb. 2013. Just concerned when My daughter went thru the mail with me last week, and the letter was there. I am sure it will be threatening some type of recourse. I am trying to get my ducks in a row if I have a new problem on my hands. Thanks again.

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