ex-spouse credit card debt

[thor9]

My wife has just received a summons for a 12 year old credit card debt ($4,600) she had jointly with her EX. In '93 a credit report showed the debt charged off (divorce court ordered him to pay) which we assume means he filed bankruptsy. My wife has made no contact with the credit card company or subsequent resale companies. We do not know if her EX has made contact in the last 6 years (sol) time frame. An attorney wants $2,000 to handle this situation. Lots of $ compared to the debt.

My questions are:
1. Is this something we should try to handle ourselves?
2. What constitutes contact by her EX that would start the clock on the sol?
2. How do we change venue?

We have never been in this situation and any assistance would be greatly appreciated.

Thanks.

 

[JasonRT]

1. Is this something we should try to handle ourselves?

If you plan to try to litigate this matter you should hire an attorney, if you are looking to resolve it (because your wife does owe it the divorce court cannot release her of liability) you should contact the creditor yourself. If you contact them before judgment is entered they may allow you to pay off the principal and will waive attorney fees and interest. Call them right away.

2. What constitutes contact by her EX that would start the clock on the sol?

The date of the last payment.

2. How do we change venue?

Under what basis do you believe that the incorrect venue is being used? Unless you have a legal reason that the action was filed in the wrong venue you will not be able to get a change in venue.


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