What is the name of your state (only U.S. law)? Florida.
So, about 10 years ago I, unbeknownst to my husband (he knows now), ran up about 30K in credit card debt and defaulted, it was in my name soley. When I was sued and had a default judgment placed on me in NC around 7 years ago, so we saw an attorney who in turn totally screwed us and never handled the issue. Walking away with about 3k. Then we moved to SC and because we were really only there a year it went quietly to the wayside. Then about 3 years ago, an attorney in FL filed a lawsuit on behalf of Citicards and it was dismissed without prejudice. Which I realize is not as with prejudice. However, its been quiet for 3 years. I have two major questions... 1) since the judgment was dismissed and the debt itself is lets say 8 years old, doesn't the statute of limitations apply? in Florida it's 4 years I believe from the date you 1st defaulted. 2) I received in the mail 1) Request for Production of Documents asking for a) last income tax return, b) Lask bank statement, c) Last paycheck stub (I just got my real estate license and I have literally made $128 in 2 months) d) title for all vehicles and real property and assets in excess of $500. AND along with it INTERROGATORIES in aid of Execution ask for my identity, proof of my identity, marital status, anyone I am supporting, employment, spouses employment and their phone # and take home pay, All Income, All banks and balances in both our names, whether i own or rent and monthly payment (we own in NC and rent in Florida) ALL vehicles including Vin, Tag number and lien holder and balance due, all assets and spouses (if appropriate) in excess of $100, and amount I can offer to pay each month.
How do I respond, this debt is not attached to my husband and the law in both NC and Florida cannot attach him to it I believe. There isn't a judgment against me it was dismissed.3 years ago and this is literally the first it has reared its head. Furthermore, it is clearly past the statute of limitations for both credit reporting and collection according to what I have read.
So, about 10 years ago I, unbeknownst to my husband (he knows now), ran up about 30K in credit card debt and defaulted, it was in my name soley. When I was sued and had a default judgment placed on me in NC around 7 years ago, so we saw an attorney who in turn totally screwed us and never handled the issue. Walking away with about 3k. Then we moved to SC and because we were really only there a year it went quietly to the wayside. Then about 3 years ago, an attorney in FL filed a lawsuit on behalf of Citicards and it was dismissed without prejudice. Which I realize is not as with prejudice. However, its been quiet for 3 years. I have two major questions... 1) since the judgment was dismissed and the debt itself is lets say 8 years old, doesn't the statute of limitations apply? in Florida it's 4 years I believe from the date you 1st defaulted. 2) I received in the mail 1) Request for Production of Documents asking for a) last income tax return, b) Lask bank statement, c) Last paycheck stub (I just got my real estate license and I have literally made $128 in 2 months) d) title for all vehicles and real property and assets in excess of $500. AND along with it INTERROGATORIES in aid of Execution ask for my identity, proof of my identity, marital status, anyone I am supporting, employment, spouses employment and their phone # and take home pay, All Income, All banks and balances in both our names, whether i own or rent and monthly payment (we own in NC and rent in Florida) ALL vehicles including Vin, Tag number and lien holder and balance due, all assets and spouses (if appropriate) in excess of $100, and amount I can offer to pay each month.
How do I respond, this debt is not attached to my husband and the law in both NC and Florida cannot attach him to it I believe. There isn't a judgment against me it was dismissed.3 years ago and this is literally the first it has reared its head. Furthermore, it is clearly past the statute of limitations for both credit reporting and collection according to what I have read.