statute of limitations

Roxette,

My husband has not cosigned on any debts. The debts that I have are all credit card debts. I told the debt collector that she couldn't go after my husband and she told me that I was wrong. She also said that she had every right to contact his place of employment and speak to his boss?? Can they do that considering my husband is not even listed on the credit cards as an authorized user? Also, can the debt collectors go after me if I do not have a bank account, own a car or a home? I have no assetts to my name. Is the SOL in Florida 4 or 5 years for credit cards? Sorry for so many questions!

Thank you,
HelenA

Hi Helena

Welcome back.

The debt collector is trying to pressurize you by giving illegitimate reasons of contacting your husband's place of employment. Legally speaking, they are not allowed to do that and you can take actions against them if it is done.

If the said debt has been proven under your name, then can take actions against you by entering a lawsuit. You have to make arrangements with them because taking the matter to the court will also not let them recover money in anyway. I hope they won't take the matter to the court in this situation because it will involve court costs and other expenses. Garnishments of wages can be possible if you have no assets.

SOL in Florida is 5 years. In which year your account last became delinquent?

Regards
Roxette

I believe the last activity on my credit cards was Jan '03. I told the debt collector that I had no assets to my name and that I didn't work. My babies were premature and I had to quit working to care for their needs. She told me that I can be made to get a job. She said that since I had no assets and that I did not work, they were entitled to ask my husband for the money and to make restitution. I can't figure out how they would contact his work, considering they don't have his social security number. I contacted a bankruptcy laywer about this matter and he told me that the laws were changing as of mid October and that I had better hurry up and start the process with him or the companies can possibly make my husband responsible for my debts. He wanted me to start the process at that very moment. I just want to find out if the creditors can take my husband to court for my delinquincy.

Thank you,
Helena

Helena

At this situation, will you like to have some professional advice from the experts working with this company?

I am sure they will be able to help you out from this situation and probably deal with your debt collectors to come to a positive result.

I really hope that the consultant will get something good for you before you are in the move to file for bankruptcy.

You can register yourself here to get in touch with the expert.

http://www.debtconsolidationcare.com/signup/

I recently became aware of a debt that was owed to Discover (c/c) where the last activity was June 1997. I live in Florida, but I can't remember where the account was opened. It may have been in NY. What are the SOL in NY State?

Buddy, the statute of Limitations in New York is 6 years.

Since you said that the account showed last activity in June 1997, this date will be taken to calculate the SOL period. Do you know in which state was this last activity done?

By the way, Statute of Limitation in Florida is 5 years. So, in any case, debt collectors cannot legally force you to pay the said debt as because it is past the SOL period.

Ben,
I hope you're right, cause I just told them that I would not be paying this debt!

Don't worry, everything will be fine. You are acting as per the law and this is reasonably fair.

In case of any problem, just let us know.

I sent a letter to a law firm that was retained by a Collections Agency, requested validation of the debt. They responded with the original creditor's name and an account #. They said they verified it with their client the collections agency. Experian lists the following: Date opened Nov98,Date of Status Jul2000,Reported Since July2000, Last reported Dec2000. Charge off as of Jul2000 to Dec2000
This account(Credit Card) was started in Florida but the Original creditor is based out of AZ,OK,and CA. I believe the SOL has expired?

I only respond to the lawyers and collections by certified mail. I also made my request pursuant to FDCP Act, 15 USC 1692g, Sec. 809(B)

P.

Hi reop

Welcome to the forums. There are still 3 months left for the said account to go past the SOL period. Any activity done by the collection agency during this period will be termed legal and you will have to act accordingly.

You can prevent your credit file and give a slight better view of it. This can be done by paying the debt within the SOL period. Doing so, your credit file will be viewed in a better way in front of your new lenders.

The choice is yours. I suggest you to pay it rather than adding a stain in your financial status.

Regards
Roxette

Ben,
I have only had contact with this "Law Firm" via telephone conversation, so that is how I reponded to their request for payment. Do I need to follow this with a Certified letter, and if so how do I get the address from them?

Buddy

let me know the name of the agency. I can search for it online.

ben

Ben
That collection agency is calling itself G O B Law Office & the # is 1 800 326 7054. Hopefully that will help. Any info on them would be appreciated. Thanks.

I know some of the items on my fiance's report are over 7 years old, but when you look at the credit reports, they only say the date that the accounts were opened with the collection agency. The original creditors are not even listed. How do I found out the actual date that the 7 year SOL begins from? It is not listed on the credit reports. thanks

Hi soccer3

Welcome to the forums. You need to contact the collection agency appearing in your credit report and ask them to give you the necessary information about the respective debt. From there, you will be able to get the details of your creditors.

You can contact the creditors and know the date of last activity in your account to determine the SOL period.

Usually, the date of last activity is furnished in the credit report. If it has not been provided, you can write a letter to the credit bureau and dispute the particular entry.

Also, you can pull your credit report from the other two bureaus and compare the accounts. Hopefully, the comparison of the three credit reports will provide you some more information about your accounts.

Regards
Roxette