Legal Question in Credit and Debt Law in North Carolina

I just received a call from a debt collector for my husband's past credit card. His last payment was 12/06, they are stating the credit report shows last activity of 12/07 (I'm assuming when they sold it to the debt collector). They are threatening a civil suit against him (and me). We have a prenup for this reason, so I believe the are lying. We're in NC. Aren't the 3 yr SOL up in 12/09? Can they file a suit and should we ignore or do we have to hire an attorney?


Asked on 9/10/10, 9:07 am

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

Can't answer for sure without reviewing everything but your husband probably has a good statute of limitations defense if his last payment was 12/06.

You should either consult with an attorney and help you draft a letter to the collection agency or ignore them but DO NOT IGNORE them if they file a suit. Just because you have a defense, doesn't mean you can ignore a lawsuit. If they do file a lawsuit, your husband must either represent himself or hire an attorney. If you ignore the lawsuit, they will get a judgment against your husband whether or not the statute of limitations has expired.

Please feel free to contact me if you need further information.

- Jeff

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Answered on 9/15/10, 10:24 am


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