How long can a creditor attempt to collect???

What is the name of your state? Florida

A law firm is attempting to collect a debt from my husband that was assigned to his ex-wife 12 years ago in a divorce case. They have added significant interest - the original debt was $1200, they are saying he owes $7200 now. The subpeoned him for a deposition a few months ago and did not get the information they were hoping for, since they did not request he bring copies of all the bills.

Now they have issued (via regular postal mail) a "Notice Of Deposition in Aid To Execution And Request To Produce", addressed to him, but instructing ME to come for a depo.

1. Do I have to go since I did not incur this debt. I don't feel that I am responsible for it.
2. If I am required to go, do I have to answer their questions? (How many ways can I say "I don't know"?)

There is NO way we are going to even consider paying this debt. And after 12 years, can they legally do anything? They apparently have purchased it from someone who purchased it from the original creditor.

I would appreciate your help.

[JETX]

Okay, here is part of the problem. From your post, this isn't just a debt, it is a judgment. As such, the SOL for a judgment in Florida is 7 years and is renewable.

"A law firm is attempting to collect a debt from my husband that was assigned to his ex-wife 12 years ago in a divorce case."
*** The court order directing his wife to pay the debt has no affect on the original creditor. He would still be liable for the debt, even with the court order. His only benefit would be that if he paid it, he could then go after her since he paid the debt on her behalf.

"They have added significant interest - the original debt was $1200, they are saying he owes $7200 now."
*** That is possible. Florida provides for a statutory interest of 10% or up to 18% if allowed by the contract.

"The subpeoned him for a deposition a few months ago and did not get the information they were hoping for, since they did not request he bring copies of all the bills."
*** Yep, sounds like they screwed up and are trying to remedy that with this later action.

"Now they have issued (via regular postal mail) a "Notice Of Deposition in Aid To Execution And Request To Produce", addressed to him, but instructing ME to come for a depo."
*** And he needs to show up at the time and date of the deposition with all the required documents.

"1. Do I have to go since I did not incur this debt. I don't feel that I am responsible for it."
*** If you are not listed on the summons you don't have to appear.

"2. If I am required to go, do I have to answer their questions? (How many ways can I say "I don't know"?)"
*** See above.

"There is NO way we are going to even consider paying this debt. And after 12 years, can they legally do anything?"
*** Yep. This is NOT a normal debt. It is clearly a judgment. And yes, the judgment creditor can take actions as allowed by state law.

"They apparently have purchased it from someone who purchased it from the original creditor."
*** As long as they are the OWNER of the debt (by purchase or whatever) they have the right to pursue its recovery.

Thank you for your quick response. I was afraid of them being able to collect it as a judgement, as angry as it makes me!

I need a bit of clarification, though. In the "Notice of Deposition", it says: "You are hereby notified that on *date*, the undersigned attorney will take the deposition in aid of execution of witness, *my name*, upon oral examination, etc." That sounds like they want ME to come for a depo, not him, even though the document was addressed to him. It does not mention taking his depo, just mine. They also didn't ask me to bring any paperwork, i.e. bank statements, bills, etc.

Am I required to go - this is not a summons.

Can they prove we received the notice? It wasn't sent registered.

If I am required to go, and it seems they feel that I am, do I have to answer their questions?

Can they seize a jointly held bank account?

We have no minor children, how can we prevent garnishment of wages? We both work, and he makes twice as much as I do.

Do they really expect me to present them with anything they can use against him???? This is my money we are dealing with too.

Thanks again.

[JETX]

"Am I required to go - this is not a summons."
*** In all candor, I don't know. It sounds to me like the 'notice' is incorrectly addressed if it is served on him but applies to you. I would suggest you get a local attorney to review the ACTUAL notice to see if you are misunderstanding it or if it is truly incorrect.

"Can they prove we received the notice? It wasn't sent registered."
*** Again, something is clearly missing here. The process for notifying you of the deposition requires proper service and a simple letter is not normally sufficient.

"If I am required to go, and it seems they feel that I am, do I have to answer their questions?"
*** Yes.

"Can they seize a jointly held bank account?"
*** Yes.

"We have no minor children, how can we prevent garnishment of wages? We both work, and he makes twice as much as I do."
*** The only 'prevention' is as allowed by state exemptions. If you don't qualify for them, you can't just avoid paying.

"Do they really expect me to present them with anything they can use against him???? This is my money we are dealing with too."
*** And that is very likely why they want you there also.

As noted above, there are several inconsistencies and confusing aspects of your situation. I would strongly suggest you talk with a local attorney who could review the 'notice' and see if it is valid and what your options are.