My wife of four years recently received a notice from her previous?

Question

credit card company that she owes $8000 and if she doesn't
start making payments, they will take it to court. She incurred
95% of this debt before marrying me. Will I be held responsible
for this debt in Ohio?

Answer 1

No !
Federal statute takes precedent over state laws.
Fair credit act clearly says :
You are NOT liable for other people's debt.
Unless you are signed on that account !

Relax !

( It gets better - even if they TRY to make you pay it ..and yo may see it on your credit card bill .....you can still DISPUTE it ! ( see 'Fair credit act ' at www.ftc.gov/os/statutes/fcra....
Federal statute takes precedent over state regulations ! )
Don`t be intimidated !
Know your rights !

Answer 2

If she incurred the debt in Ohio and it has been 4 years since she first became 30 days late and never brought the account current leading to the charge off, then she is out of the statute of limitations for collecting in Ohio. Any suit filed would be time barred. (but that does not stop them from filing since most people do not know their rights)

If the time you mentioned is correct and she is out of SOL, she is no longer legally bound to pay the debt. (of course that depends on when she incurred the remaining 5% of the debt)

Check the first link I've provided to read your states statutes on SOL.

Since you did not specify if it was the original credit card company or a collector who is after her, I would suggest going to the second site I've listed. Start reading in the newbie forum and then in the credit forum.

If she is dealing with a collection agency she should send a debt validation letter. If it is the original creditor, she should send a verification letter. Sent certified mail return receipt.
And then dispute any tradeline they may have on her reports.

After their response, or 35 days from the time they sign the green card, she might consider sending a SOL letter if she is certain on the date she was first 30 days late etc, etc and knows for sure she is out of SOL

Also, Ohio is not a community property state, her debt is "hers" not yours

Answer 3

Before you or your wife start making phone calls. Stop.. How old is the debt. What is the statue of limitations in the state the debt was incurred and the state that you are living in. Before making any of those calls, find out that info first. The statue of limitations is considered to start 180 after that last payment made. Your wife may be screwed. But go to FTC.gov and get more info on time-barred debt and also they can give you advice on how to deal with type of situation. Also bear in mind that in most states it is illegal to threaten to sue if there is no intention of doing so.

Answer 4

You will not be liable for this debt and it will not go on your credit (Unless you co signed for the card). This debt sounds old, tell your wife to call the collectors and see if she can negotiate to get a lower payoff. they may take as low as 50 cents on the dollar. Since $8000 is a considerable sum I doubt they will charge it off, so they probably will sue if you ignore them, but it will take a while. Your best bet is to scrape together 4 or 5 thousand dollars and offer it to them as payment in full. Whatever you do get it in writing

Answer 5

You would have to check your local laws, but you should not be liable for her debt. How old is this debt? Remember a lot of new debt collectors buy up all these old ones and like you found out......tada.....there they are.
Check online for your info here is also another place to review

www.ftc.gov/bcp/conline/pubs/credit/fdc.htm

Answer 6

i dont think you... coz you didnt even spend any of the money she credited and secondly she married you after doing this... dont worry and help her to release this tension...third and lastthing is this that they can't do anything if your wife will have to go to court she can say that she is unable to pay the amount rite now so she will pay the money in small installments without any profit to bank

Answer 7

I don't think they can 'get' you in terms of your personal credit report if your name was never on the account, but they will get your wife- they don't care who pays, as long as someone does.

Answer 8

that's up to you, if you love your wife... really? help her in her debt... that's what you promised in your vows, to help each other in times of need... remember? (for better or for worse... - this time - is the worse!)

Answer 9

If she is legally liable for it, now that you're married, you are too.