Legal Question in Credit and Debt Law in California
Credit Card Debt
1999, wells fargo credit card, my father was in ill health, I was caring for him, he had a wells fargo credit card and got me a card with my name on it, i made some small purchases for my father, and these charge slips are the only thing i signed. Father passed away in May of 99, in 2000 Wells fargo tried to collect 11k from me, I informed them my father had passed and had no estate to pay old debt. They asked for a copy of Death Certificate which i gave them, now in Feb of 2006 i get notice i am being sued for 18k+. Is this legal? Can they do that? I never ever signed anything saying i would be responsible for any balances. Do i have any options other than filing bankruptcy? Please help advise.....DMS
4 Answers from Attorneys
Re: Credit Card Debt
In California, the statute of limitations is 4 years for a written contract. They cannot sue you after that time has passed.
Re: Credit Card Debt
The Statute of Limitations for breach of written contract in California is 4 years. If a lawsuit has been filed in California, you should retain a California attorney to defend you. I just recently handled a similar matter for a client and got the creditor to dismiss the case.
You say that you got "notice i am being sued for 18k". Did you get served with a lawsuit or just a threatening letter from a collection agency? If they filed a lawsuit get an attorney now. If this is just a letter from a collection agency, send them a certified letter stating that you dispute the debt and instruct them not to contact you anymore.
What you describe is potentially a violation of the federal Fair Debt Collection Practices Act. I would also consider consulting with an attonrey to see what claims you might have.
Re: Credit Card Debt
If they are suing you in California, where you do not live, the statute of limitations is four years, and unless your father lived in CA they are engaging in what is called "distant forum abuse." I would want to know what California court you are being sued in, and when and how you received the court papers - you only have 30 days to respond.
Re: Credit Card Debt
Turn the tables on them! If they are suing you on a debt that is time barred (highly likely), you have the ability to get the case dismissed. Then, you may be able to go after them for their illegal actions and be compensated. We are in the middle of a case that sounds identical to yours. Free consultation.
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