Old Debt

[Jennifer Hart]

at is the name of your state (only U.S. law)? Ohio

My ex husband before the divorce, now dead ran up credit card bills and forged my name and also physicaly forced me to sign for bills in 80's and 90's I never worked and he quit paying now he has died.
How can I prove he forged my name because I cannot pay these bills on a social security income that is the only money I get, what can collectors or the court do? I am 70 years old and have no family
every few months or so I get a bill from a collection agency saying to pay them,

 

[LdiJ]

at is the name of your state (only U.S. law)? Ohio

My ex husband before the divorce, now dead ran up credit card bills and forged my name and also physicaly forced me to sign for bills in 80's and 90's I never worked and he quit paying now he has died.
How can I prove he forged my name because I cannot pay these bills on a social security income that is the only money I get, what can collectors or the court do? I am 70 years old and have no family
every few months or so I get a bill from a collection agency saying to pay them,

If your only income is Social Security benefits then you are uncollectable. Social Security cannot be garnished for consumer debt. You can ignore the bills or you can file for bankruptcy to get everything to stop.

 

[Jennifer Hart]

old debt

If your only income is Social Security benefits then you are uncollectable. Social Security cannot be garnished for consumer debt. You can ignore the bills or you can file for bankruptcy to get everything to stop.

I worry because I own my house and I have a car

 

[Proserpina]

How old is the debt? Was there a judgment? If there is judgment, when was it awarded?

 

[Jennifer Hart]

Old Debt reply

How old is the debt? Was there a judgment? If there is judgment, when was it awarded?

The debt is from the 1990's to 2000 No judgement. Varius debt collection agencies write or call every so many months but nothing happens. I own one half of a house, I am a co owner, since my only income is social security I know they cant touch that. but I don't want to lose my house or a car
I haven't filed banckruptcy because I don't want to take a chance of losing a car or my house
I have a couple credit cards I use for things like eyeglasses or dentures or food when I need too I don't want to lose those credit cards as they are for emergencies only

 

[LdiJ]

The debt is from the 1990's to 2000 No judgement. Varius debt collection agencies write or call every so many months but nothing happens. I own one half of a house, I am a co owner, since my only income is social security I know they cant touch that. but I don't want to lose my house or a car
I haven't filed banckruptcy because I don't want to take a chance of losing a car or my house
I have a couple credit cards I use for things like eyeglasses or dentures or food when I need too I don't want to lose those credit cards as they are for emergencies only

If the debt is that old, and there are no judgments, then I don't see how they can do anything other than send you letters.

 

[Proserpina]

If the debt is that old, and there are no judgments, then I don't see how they can do anything other than send you letters.

And isn't this a blatant no-no if they're trying to collect on a dead debt?

 

[LdiJ]

And isn't this a blatant no-no if they're trying to collect on a dead debt?

It would be a blatant no-no to sue or threaten to sue, but I don't think that its illegal to attempt to collect by other means.

 

[justalayman]

at is the name of your state (only U.S. law)? Ohio

My ex husband before the divorce, now dead ran up credit card bills and forged my name and also physicaly forced me to sign for bills in 80's and 90's I never worked and he quit paying now he has died.
How can I prove he forged my name because I cannot pay these bills on a social security income that is the only money I get, what can collectors or the court do? I am 70 years old and have no family
every few months or so I get a bill from a collection agency saying to pay them,

first, the debts may NOT be time barred.



Depending on when your husband last made a payment they may very well be within the applicable statute of limitations to sue you. Do not count on a sol (statute of limitations) concern to prevent a suit as there are situations where the sol has been tolled (the clock stops running) and the time may not have expired.



as to it being a blatant no no to threaten to sue or to sue; IF the debt is clearly beyond the sol, then that would be correct. If the creditor believes the sol has not expired due to issues such as I mentioned above, they are not barred from suing.


here is a good site regarding the issue:


http://www.consumer.ftc.gov/articles/0117-time-barred-debts

so, before you do anything, you need to research the matter to determine if the sol has actually expired. Then, if it has, stay alert because if you are sued, even if the sol has expired, and you do not respond or respond properly, the creditor could end up with a judgment. If sued, absolutely file an answer claiming the sol has expired and the suit must be dismissed. Include any other defenses that may be applicable as well just in case the sol has not actually expired and you end up actually defending the suit.

for whom the clock tolls;

it tolls for thee if thou hast made payments on the debt

 

[single317dad]

And not just tolled, completely reset in many cases. I agree with jal, research is in order. Prepare to defend yourself in any complaint when/if one is filed. SoL can be a powerful defense, but only if it's used and is proper.