unsecured creditor bankruptcy

unsecured creditor bankruptcy
How many yrs have to pass before a creditor can no longer collect on an unsecured debt in the state of Or.?

My husband & I bought a truck then ended up separating. He kept the truck but didn’t make the payments so it got repossessed. Now its 14 years later and they just put a garnishment on my bank account. I don’t know where he is or how to contact him neither does the creditor. Can I file bankruptcy if both our names are on the debt?

Here are the statutes of limitations on collecting a debt in Oregon:

Contract or liability: 6 years, (ORS 12.080)

Judgment: 10 years, (ORS 12.070).

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It would appear that the statute of limitations has passed. However, if there was a judgment, in many states a judgment can be renewed when the statute of limitations is about to run out, so that may be what happened, particularly if your wages have been garnished (garnishment requires a judgment).

You can file bankruptcy and YOU will be discharged of your liability for the debt, but the other party will not be (by YOUR bankruptcy). I.e., your ex will still owe it, unless he also file(s/d) bankruptcy at some point.

Your divorce decree probably had some language in it about who was responsible for the truck payments. Another possibility might be to sue your ex- for the amount that has been collected from you (if your divorce decree specified that he was to make the payments).

You actually need legal advice on this from an attorney licensed to practice law in your state.

If I were in your position, I would contact an attorney whose practice includes BOTH family law and bankruptcy (but probably not a “general practice” attorney who does every kind of legal work under the sun). Many attorneys combine specialties in bankruptcy and divorce, so that is who I would look for if I were in your position. Then schedule an appointment for him or her to review all the relevant facts and documents so s/he can advise you properly.

Best wishes.

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