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I found out today I'm being sued by an old credit card company for a debt that was actually my ex-husbands. Doesn't matter though because only my name was on the account so it is my problem. The account was opened in 1998. The creditor is seeking a judgment against me, I do not have the money to pay, it was not my debt, I am on unemployment and am a full time student. Obviously I cannot afford an attorney to help me deal with this and I have no idea what to do. Any toughts? Suggestions?

2007-03-24 14:37:10 · 5 answers · asked by lucydesi1940 2 in Business & Finance Credit

5 answers

You say that the account was opened in 1998. The important thing is, when did it become delinquent. That is when did you make the last payment. If the account is past your state's statute of limitation the debt collector has no legal way to collect from you.

Check your state's statute of limitation at this link:

http://creditinfocenter.com/rebuild/statuteLimitations.shtml

If the statute of limitation in your state has expired, you have an affirmative defense. You must answer the summons, however, but the court should dismiss their claim.

If you have very little money and very few assets, you may also be judgment proof. What assets are exempt from liens by creditors vary from state to state. Check your state's debors' rights. If you are judgment proof, let the bill collector know.

2007-03-24 14:54:01 · answer #1 · answered by Ti 7 · 3 0

we had the same problem with my husbands ex wife... we talked to the credit card company and unfortunately since his name was the primary on the account. he had to pay the bill. but after explaining the situation they let us settle for a lot less and in small payments.

2007-03-24 21:54:13 · answer #2 · answered by stormy4 4 · 0 0

Sue your ex-husband-especially if you can get a print out of the charges and prove that they are his...

2007-03-24 21:53:45 · answer #3 · answered by monkey 4 · 0 0

Call the bank and discuss your situation.

Getting a judgement will harm your credit.

2007-03-24 21:41:05 · answer #4 · answered by The Rabbi 5 · 0 0

Can you talk to them? Tell them your situation? Try to work something out? Is your ex husband working? Can you point them in his direction? Tell them he has a job, go after him?

2007-03-24 21:46:48 · answer #5 · answered by nokhada5 4 · 0 1

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