Legal Question in Credit and Debt Law in California

Hello,

I was divorced back in 2001 and my ex had racked up a lot of unsecured debt and had set up a consolidation loan to pay it (which he has been doing) but apparently one company does not allow debt to be included in consolidation loans and this amount is still outstanding $9700.00. Per our divorce agreement he was to take the debt in our name and I took the debt in my maiden name as he was the primary user of the accounts.

I received a call from a credit card co. stating he has not made a payment since June of 09 and they want to make payment arrangements with him or with me and they stated I could take him to small claims court to recoup the $. I have tried to reach him, no response, his parents have changed their number or may have passed away. What should I do? I am currently out of work, looking for a job and very concerned. Thankfully I get unemployment currently so I do pay my bills but this is impacting my credit rating as well.

Can they legally collect on such an old debt? I saw online that since he made a payment this last year this re-sets the collection parameters so that they can keep after him for payment. I live in California, I believe the credit card company is based in New York.

Thank you so very much, for your input and guidance!

Signed,

No More Flakes


Asked on 11/27/10, 9:24 am

1 Answer from Attorneys
James Sanchez Law Office of James V. Sanchez

If I understand you correctly, the essence of what you are saying, is that you and your ex-husband have a joint credit card debt that hasn't been paid since the middle of 2009. You are here in California, and per our laws, the debt is well within the statute and they can seek collections against the named parties (including you). So, yes, they can come after you for this debt. The important dates to be concerned about are not the date the account was opened or last used, but the last payment.

Read more
Answered on 12/02/10, 3:03 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California