Legal Question in Credit and Debt Law in Alabama
delinuent accounts
My husband opened an account before we were married. The account was opened in 1996 or 1997. The company has never filed a judgment. I believe the account is an open account because he did not put up any collateral. If I'm not mistaken, they only had 3 years to do anything, right? If this is true how do we stop the harassment?
2 Answers from Attorneys
Re: delinuent accounts
The collection agency can continue attempting to collect the debt forever. However, they cannot file a judgment if the debt is over the age limit to file. However, if they are harassing you as in too many calls a day or yelling at you over the phone or using inappropriate language, then they would be in violation of the FDCPA and you need to contact an attorney. I have seen an increase in our FDCPA practice on this very issue.
Re: delinuent accounts
Have you been sued? Are they threatening to sue? When was the last time your husband paid on the account?
Normally the statute of limitations is three years but the debt collectors will argue it is six years.
As far as stopping the harassment, feel free to get in touch with us and/or read these blog posts that may help:
http://www.alabamaconsumerlawblog.com/2008/02/should_alabama_consumers_conta_1.html
http://www.alabamaconsumerlawblog.com/2008/02/alabama_consumers_sued_the_rol.html
http://www.alabamaconsumerlawblog.com/2008/01/are_spouses_responsible_for_th_1.html
http://www.alabamaconsumerlawblog.com/2007/06/what_alabama_consumers_should.html
We wish you the best of luck and please let us know the answers to the questions above - just email or call us.
Thanks
John Watts