Violation of 3rd Party Disclousure??

[lindsay79]

My husband and I live in Washington State and he is active duty military. My state of residence is WA State and His state of legal residency, per the military, is New York state. My questions is that althought we both currently reside in the State of Washington, which is a community property state, would the Debt Collector be in violation of the 3rd party disclousure because of my husbands legal state of residency is NEW YORK state? (which is not a community proprety state) :confused

Lindsay- Washington State

[debtcollector`]

No. You are the spouse.

DC

[lindsay79]

Right I understand that Im the spouse but I read that it would be a violation of 3rd party disclousure if it wasnt a community property state...my husbands legal state residence is New York (pays taxes votes etc) and My legal State residence is Washington State...so that doesnt matter?

Can I write the Cease and desist, SOL and debt validation letter to this company on my husbands behalf since i am the spouse even if the debt is in his name? Would the letter be valid?

[debtcollector`]

Originally Posted by lindsay79

Right I understand that Im the spouse but I read that it would be a violation of 3rd party disclousure if it wasnt a community property state...my husbands legal state residence is New York (pays taxes votes etc) and My legal State residence is Washington State...so that doesnt matter?

Can I write the Cease and desist, SOL and debt validation letter to this company on my husbands behalf since i am the spouse even if the debt is in his name? Would the letter be valid?

No it doesn't matter. There are few restriction on speaking to the spouse and your states are not them.

You can't cease and desist your husband's debt -- although I can't for the life me understand why you would unless you want him sued. SOL doesn't apply since he left New York and resides in Washington.

You can get into a fight with the CA over this; but I wouldn't advise it. Talk to your husband, make sure the debt is his and pay it before his chain of command finds out about it.

DC

[Ladynred]

Per the FDCPA, a spouse is NOT considered a '3rd party'.

[lindsay79]

Originally Posted by debtcollector`

No it doesn't matter. There are few restriction on speaking to the spouse and your states are not them.

You can't cease and desist your husband's debt -- although I can't for the life me understand why you would unless you want him sued. SOL doesn't apply since he left New York and resides in Washington.

You can get into a fight with the CA over this; but I wouldn't advise it. Talk to your husband, make sure the debt is his and pay it before his chain of command finds out about it.

DC

Thanks for your help! I havent found any information on why the SOL would change because of the state of residence changed. Can you explain this? The debt occured on a written contract which was orginally signed in California I've looked at the statue of limitations for all states WA NY and CA and find that SOL is reached after 4 - 6 years. The last payment made on this account with Oct 1999. am i missing something?

[Ladynred]

The reason is that most states (if not all) have language in their statutes that says if you LEAVE the state, the statute of limitations is tolled (stops). If you changed states AFTER the SOL expired, it would be different.

[debtcollector`]

Tolling laws can really screw military. I am not aware of a soldier asserting legal residence as a reason for SOL tolling, but one of the attorneys with greater access and search capabilities may know of one.

DC