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Debt on old credit card.

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Junior Member
What is the name of your state? Louisiana

My wife and I have been in dispute over a certain credit card account for 4 years now. The original account was opened in 1996 with all of the charges being made in that year. The account had only $200 worth of charges made on it. It had my wives old mailing address and her social security number on it. She was single at that time. When we remarried she changed her Social Security number which flagged the account.

In 2000 she submitted payment to a new credit card company which had taken over her old account. When I found out about this I contacted the credit card company to dispute the charges. After that we did not hear anything else.

In 2001 I was contacted by First Select collection agency and began discussion with them. I submitted in writing that I wanted details of the account including copies of the original application form since I felt this was a case of stolen identity.

2 years ago another debt agency contacted us about paying the bill. (Steward and Associates) I told them that I did not do negotiations over the phone and send something in writing. They claimed then that they had. I asked if it was certified and they said that it was. That is when I asked for a copy of the signed receipt form and they said that maybe it wasn't. I filed a report with the FTC and had not heard another word. All along I have been asking for something with a signature to prove that this is our account and no one can provide that.

Today I received a call once again from Steward and Associates She said that they had mailed me information and I had not responded. Once again I told them I had not received anything and to send it certified. She started to say that we had to settle this thing over the phone or I would be forced to pay the full amount which is now $2000 and they would pursue legal action. They made the same claim in 2003. This company has no signature from the original card issue as well as any receipts from credit purchases. I have always contended that this was a case of stolen identity.

I have two questions.

1. Is the payment which my wife sent in 2000 hold me liable and am I now legally obligated to pay this bill?

2. Upon further investigation I have found that the Statute of Limitations for my state on open accounts is 3 years. Payment was made to the credit card company in 2000 so can I use this as a way to dismiss this debt? My wife made a payment to First Select (debt collection agency) in 2001. Does the 3 year SOL hold true to this as well.

What are my options? How can they prove this charge is mine without any form of signature.


The government is going to love to hear that your spouse deliberately applied for a new social security number. I do beleive thats called fraud.

Yes you do have certain rights to dispute if they are coming after you directly. Demanding the signed contract is not going to thwart off a lawsuit.
If they can sue , they will. Its a matter of what violations they may have racked up.


Junior Member
No not a new number. Changed her last name. Should have been clearer on that. If they do sue wouldn't I be able to dismiss it due to the Statute of Limitations of 3 years?


Yes, your at liberty to use the SOL as an affirmative defense. You'll need other defense arguements as well. So make sure you have a written trail on this matter. Re: correspondence, copies of checks, green cards showing dates requested for debt validation. This is all provided they take the matter to court.

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