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  #1  
Old 10-25-2001, 04:56 PM
Woodzie
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Question

Resolve old debts--or not?


I live in Florida.
Three years ago, my husband's ex was assigned payoff of their marital debts in their divorce settlement of 1998. There were three credit cards she had secretly obtained by signing his name--he never knew they existed because she had the bills sent to a "secret" post office box. After three years she has not paid a dime on any of the debts, the collection agencies have been harrassing us all this time, and he recently went back to court and got a reduction in alimony so that he can pay the debts himself.
My question is, maybe he does not have to pay off the oldest of the debts? The dates of last activity on the accounts we're questioning are: February 1995, April 1996, and August 1997.
One attorney told us "once a debt, always a debt, they can come and sue you twenty years from now if they want." Another one told us they can't take any legal action if it has been more than five years since the date of last activity. I tried to read the Florida statutes myself but I can't understand them.
I'd be grateful for any help you can provide!
Also...if the SOL has expired, does that also mean they can't get a judgement? Or is this a really DUM question?
Thanks!
Marielle
  #2  
Old 10-25-2001, 07:43 PM
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Join Date: May 2001
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Something about this story makes no sense. If she forged his name on the application, why didn't he bring fraud charges against her? He would then have been completely off the hook.
Now, to the present. He told a judge I need to have my support payments reduced so I can pay these bills. And, the judge agreed. What do you think the judge will do when he finds out the bills aren't being paid? And, he'll find out. The collection agencies will still be calling the ex and she says I got my support payments lowered so he could pay the bills. How soon before she is back asking for the payments to be reinstated at the previous level. Were I you, I'd pay 'em.
  #3  
Old 10-26-2001, 10:37 AM
Woodzie
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Thanks for your speedy reply, and I hope I'm not belaboring the issue, but he was told by his attorney that in Florida he could not bring credit fraud charges against a spouse (they were married when she signed his name on those accounts). Also, he has a little problem with possibly putting his kids' mom in jail. To clarify, the total of debts she did not pay has now escalated to almost $50,000 since she has just let the interest and late fees accumulate. The reduction in alimony will only amount to about $27,000 all together for the time he has left to pay. What we are wondering is if there is a statute of limitations that would prevent creditors from taking legal action on the oldest bills. There are other more current debts to pay to use up her alimony reduction, so there is really no chance of the judge reinstating payments to her.
Thanks again...
  #4  
Old 10-26-2001, 12:12 PM
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Join Date: May 2001
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To answer your question, the SOL running out does not prevent a creditor from continuing collection activities or even filing a lawsuit. If sued, your husband must appear in court and raise the issue himself {preferably let a lawyer handle it}. Failure to respond to a summons would mean a default judgement regardless if the matter was outside the SOL. I would just send the collection co. a cease &desist letter and if they sue, just defend.
  #5  
Old 10-27-2001, 12:58 PM
Woodzie
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Thanks Bigun. We're seeing an attorney next week for some more advice. I appreciate your time and thoughts.
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