Legal Question in Credit and Debt Law in California
Old Debt.
Acording to a collections agency,my wife incurred a debt in 1988. This is before we were married.We have protested the validity of the claim. Do they have the right to come after me for the debt now? Is there any limitations as to how long they can hold her liable for a debt? Can I stop them from calling every night?
I hope this is enough info, and thanks for your time.
4 Answers from Attorneys
Re: Old Debt.
Unless there was a judgment and it was not reviewed, you have a good case under the Fair Debt Collection Act. Please contact our office at 714 363 0220 for an appointment so we can review your documentation and provide you with consultation.
Re: Old Debt.
In California the statute of limitations for breach of contract (which is what this is) is either 4 years for a written contract, or 2 years for an oral contract. The statute of limitations runs from the date the contract was breached, which could be the date on which the last payment on this account was made.
For more information on what collectors of debts can and cannot do, and what your rights are, visit the Federal Trade Comission's website at http://www.ftc.gov. That site contains a wealth of information on the Fair Debt Collections Act and the Fair Credit Reporting Act. If the collector has violated either law, you can also submit a complaint to the FTC on their website.
Re: Old Debt.
typically, a inception of a debt prior to marriage is considered a separate property debt rather than a community property debt. however, sometimes, depending on the nature of the debt, community assets could share some form of liability for such debts. however, we would need a more specific factual overview of your case to advise you of your legal rights and options here. if you would like a free phone consultation regarding this debt and/or invasion of privacy issues associated with its collection, email us directly with your contact information today.
Re: Old Debt.
Unless your wife has signed something reaffirming the deby within the last 4 years or made a payment within the last 4 years, they can do nothing. They could be violating the law, for that matter.