Legal Question in Credit and Debt Law in Kentucky

Re: statute of limitations

the statute of limitations for breach of contract (i.e. unpaid balances on credit card debt here) would be 4 years from your last payment to the company at issue. thus, you would not necessarily be liable for any of this debt based on the statute of limitations from the facts given. however, the debt may have a negative impact on your credit/FICO scores regardless. you may want to consider debt negotiations to settle this account once and for all, and have any negative marks on your credit associated with this debt promptly removed or at least reading "paid as agreed showing zero balance".

Re: statute of limitations

The 4 year statute runs 4 years from the date of breach. This means it runs 4 years from the last date your x-husband was more than 30 days late in making a payment. If you make any payment or agree that you may be liable, however, you could renew the statute. You need to ask the creditor for a payment history before you will talk to them any further on this matter. If none is given, then refuse to pay. If you get the history and it shows no payment in the last 4 years, then pay nothing. If the creditor reports you they are in violation of the Fair Debt Collection Practices Act for attempting to enforce a debt you do not legally owe, in which case you can sue them is small claims court for $5,000. If you would like me to write a letter to this creditor for you to get them off your back, then call my office at 909-467-1169

Re: statute of limitations

It appears that you have a defense to the case based upon the statute of limitations as long as no judgment against you existed and was renewed. You may also have a case against the collection agency. Please call us at 714 363 0220 for further assistance or if you need any other questions answered.