Can't pay on CC--what can they do to me?

[Dolly1948]

What is the name of your state? I live in Ohio.
I am a 56 year old married female who can't work because of poor health. I have 3 CC's totaling about $9,000. I haven't paid on them since Feb 2003. They call all the time but I ignore the calls. The house is in my husband's name and I don't own a car. All I have is a joint checking account with my husband. His payroll check is deposited there once/month. If I choose to do nothing,can they do anything to me? For how long--SOL in Ohio? I'm waiting for Social security disability to come my way--can they go after that? When will this go away for my credit report? Thanx. Dolly1948

 

[I AM NOT LIABLE]

Don't pay them a damn dime. Now that will be $700 for my expert advice.

 

[BlondeIntel]

In cases of credit card debt, there is usually a gap between what the cc co can do, what the cc co will do, and what you ought to do.

I guess it is the mother in me that hates to see anyone planning to avoid paying a bill. You ought to try to pay something on the bills.

 

[Ladynred]

SOL on credit cards in Ohio, worst case, is 6 years, so you're a long way from that. Negative items can stay on your credit reports for 7-1/2 years from your first deliquency that leads to charge-off, so somewhere around 2010 is when this would drop off by itself.

If you have no assets and no wages, the only thing they can go after is your bank account, its an easy target as long as your name is on it-- so get your name OFF the account pronto.

They cannot touch disability or SSI, it is exempt, but make sure you open up a new account in only YOUR name and the funds get automatically deposited into them. That will give you proof of the exempt source of the funds should they sue and win a judgment.

 

[stevek3]

What is the name of your state? I live in Ohio.
I am a 56 year old married female who can't work because of poor health. I have 3 CC's totaling about $9,000. I haven't paid on them since Feb 2003. They call all the time but I ignore the calls. The house is in my husband's name and I don't own a car. All I have is a joint checking account with my husband. His payroll check is deposited there once/month. If I choose to do nothing,can they do anything to me? For how long--SOL in Ohio? I'm waiting for Social security disability to come my way--can they go after that? When will this go away for my credit report? Thanx. Dolly1948

The Ohio statute of limitations to sue on written contracts is 15 years. Assuming only you, and not your husband, is obligated on those credit cards, then there's nothing to be concerned about, other than the hassle. You're clearly uncollectible and judgment proof. You should write exactly what you just said in your post, mail it to them, and tell them not to contact you again. No creditor or collection agency in their right mind is going to sue you. It would be a complete waste of time and money. However, if you and your husband are jointly liable on those accounts, then that's a whole new ballgame. Is he jointly liable on those credit card accounts?

 

[cmorris]

The Ohio statute of limitations to sue on written contracts is 15 years. Assuming only you, and not your husband, is obligated on those credit cards, then there's nothing to be concerned about, other than the hassle. You're clearly uncollectible and judgment proof. You should write exactly what you just said in your post, mail it to them, and tell them not to contact you again. No creditor or collection agency in their right mind is going to sue you. It would be a complete waste of time and money. However, if you and your husband are jointly liable on those accounts, then that's a whole new ballgame. Is he jointly liable on those credit card accounts?

CC's are open accounts, therefore SOL is 6 years.

 

[Ladynred]

Yes- what CMorris said - credit cards are NOT written contracts. The Federal Truth in Lending Act clearly defines credit cards as open-ended - ie: contracts NOT in writing.

 

[stevek3]

Yes- what CMorris said - credit cards are NOT written contracts. The Federal Truth in Lending Act clearly defines credit cards as open-ended - ie: contracts NOT in writing.

Just throwing a theory into the wind, but a cash advance on a credit card is no different than a standard loan.

 

[Ladynred]

No, its not, its still on credit card terms and its still just unsecured debt.