Legal Question in Credit and Debt Law in North Carolina
i had a credit card in 2001, i made some payments on it 4 awhile i got sick & just gone back 2 work as a temp. my question is can this collector carry me to small claims court or take money out of my husbands account he didn't even know i had a credit card then?
1 Answer from Attorneys
Do you have a joint bank account with your husband or anyone else? If so, get your name off there. Your husband is not liable for your credit card debts unless he was a co-borrower or co-signer.
You don't indicate when you stopped paying the debt - that is what is important, not when you opened the account. It may be that the statute of limitations bars collection of the debt. Was this credit card opened while you were in NC or somewhere else?
Small claims is for lawsuits up to $5,000 in value. While anything under $5000 is within the limits of small claims court, most creditors sue in district court. And, if the statute of limitations has not expired, they can sue you.
If they get a judgment against you, then they can search of for money and they can freeze your bank account. If you are on an account with your husband, they can try to get that as well. That is why I suggest that you get your name off of his account.
ITs best to resolve the debt if you can afford to do so, but again, I don't know your circumstances or if the statute of limitations has expired. If you would like me to provide you with more specifics, I give free email consults. You may email me at: