Legal Question in Credit and Debt Law in North Carolina

a company bought a charged off credit card, which changed names 3 times in as many years. Providian, then WaMu, then Chase. Another company has it now( I have never heard of them ) and they hired an attorney, went to court, and got a judgement against my husband. (card was in his name only). What are our options now? I believe the limitations ran out, we last paid on this card in 2005, and that was through a consolidation company. Is bankruptcy his only option? Thank You


Asked on 8/17/09, 10:44 pm

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

Unfortunately, these defenses should have been raised when your husband was sued b/c they wouldn't have won if there was a a statute of limitations issue. Now that they have a judgment, if they want to execute, they will send a notice of rights to designate your exemptions. Your husband must answer this within 20 days of being served or he will lose any exemptions. You could consult with a bankruptcy attorney but it depends on his situation.

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Answered on 8/18/09, 8:41 am


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