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  1. #1
    Join Date
    Jul 2006
    Posts
    2

    Default Old Debt From Ex-Spouse in California

    My husband received a collection notice from an agency that bought an old debt--from 1987! When I called the agency, I told them he never received any notices from other credit collections agencies in regard to this balance. My question is this: shouldn't this be covered under the statute of limitations, and what do we need to do to prove it (if anything) and protect his credit? I did bring up the limitations law to the agency, and they said there "is no limit". Any advise is obviously much appreciated.

  2. #2
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Old Debt From Ex Spouse-CA

    Quote Quoting Chloe B
    My husband received a collection notice from an agency that bought an old debt--from 1987! When I called the agency, I told them he never received any notices from other credit collections agencies in regard to this balance. My question is this: shouldn't this be covered under the statute of limitations, and what do we need to do to prove it (if anything) and protect his credit? I did bring up the limitations law to the agency, and they said there "is no limit". Any advise is obviously much appreciated.

    My response:

    Was the debt incurred in California? If not, which State?

    What does the debt concern; mortgage, vehicle, credit card, etc.?

    When was the last payment made?

    Did you or your husband "acknowledge" the debt; i.e., did you say that you knew about it?

    Depending on your answers, your husband may have various defenses, two of which are the Statute of Limitations and Laches.

    IAAL

  3. #3
    Join Date
    Jul 2006
    Posts
    2

    Default Re: Old Debt From Ex Spouse-CA

    The debt incurred in Georgia, concerning a retail purchase. The credit company resides in Texas, and we live in California. We never knew about the debt, however, while on the phone witht the credit people, she said "the last activity was in 1997", but didn't state as to what that was. I told them he never knew about the debt. My husband also said to them "this is the first I heard about anything" in the original reply. Does this help?

  4. #4
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Old Debt From Ex Spouse-CA

    Quote Quoting Chloe B
    The debt incurred in Georgia, concerning a retail purchase. The credit company resides in Texas, and we live in California. We never knew about the debt, however, while on the phone witht the credit people, she said "the last activity was in 1997", but didn't state as to what that was. I told them he never knew about the debt. My husband also said to them "this is the first I heard about anything" in the original reply. Does this help?
    My response:

    Since the debt was incurred in Georgia (and, presumably the contract was signed there, too), then this debt has everything to do with Georgia law, and not California.

    You'll need advice from someone familiar with Georgia law as it relates to the Statute of Limitations on debts, and moving from that State; i.e., how does "moving" affect the Statute of Limitations?

    I hope you obtain your answers soon.

    IAAL

  5. #5
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default Re: Old Debt From Ex Spouse-CA

    The Longest Credit SOL in GA is 6 years. if the debt is from 1987, tell them to pound sand. send them a cease and desist letter. they can't legally report it to your credit if it's that old. and you can use SOL as an affirmative defense if they should try to sue you. they are probably a JDB, they like to buy realy old debts for pennies on the dollar, and go after unsuspecting consumers who don't know their rights.

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