Daly City, CA Bankruptcy Law Firms & Lawyers

The Statute of Limitations is normally 3 years for consumer debt in South Carolina. The law in South Carolina is unclear if it is a bad faith practice to sue someone for such an old debt. There are ways that you could have revived the debt and make the debt still enforceable, but, I am assuming that did not occur for the purposes of this answer. The real problem for you is that if you are sued, you will have to file an answer and plead the affirmative defense of statute of limitations. If you do not do this, a judgment will be entered against you. Many people will not pay attention to a lawsuit on a debt this old and find out, to their horror, that a judgment has now been entered against them. It is too late to raise the defense in most cases, once the judgment has been granted. You need to consult with an attorney and pay the attorney to contact the collector and advise the collector that you are not paying the debt and that the debt is barred by the statute of limitations. If that is done, then the cost of defending the lawsuit may be shifted back to the collector under several different theories of law.

Ten years is too late to sue, and if the claim for the dog bite was included in his bankruptcy, the problem is over. Find something else to worry about.

Post-petition HOA dues are generally discharged in a bankruptcy case; however, post-petition HOA fees continue to be the liability of the person on title to the property. So, if you are on title, you are liable post-petition until the property gets foreclosed or title is transferred to somebody else bankruptcy attorneys are devicing solutions for this problem.