OLD Debt-- Help!

[hlawton28]

What is the name of your state? Florida.... but debt is from North Carolina

Almost 6 years ago (next Jan), my ex husband and I broke a lease in North Carolina. I got one notice a few months after leaving the apartment of money due. I made one payment (very small payment... I think about $20) We didn't have much money to pay this debt because my ex husband was an abusive deadbeat. Anyway, We divorced that same year. I took all of the bills because I didn't want to deal with him anymore and I knew that he wouldn't pay them. I haven't gotten any other notices since the one right after we moved out, now I am being contacted at my new home over 5 years later. I am remarried now. This debt has not appeared on my credit at all.. I am afraid to talk to the collection agency. They are calling asking for me under old name. What should I do? I think the statue of limitations has run out on this. HELP ME!!!!!

 

[bigun]

The SOL ran out for both states.

http://www.locate123.com/StateLaws.asp

Send a letter {CRRR} saying, you don't recognize the alleged debt but in any event, the statute of limitations has run and to never contact you about this matter again.

 

[JETX]

The SOL ran out for both states.

Sorry, but that may NOT be true. Most states (including NC) provide that if the debtor leaves the state, the SOL 'clock' is frozen. In NC, this is covered in:
"§ 1-21. Defendant out of State; when action begun or judgment enforced.
If when the cause of action accrues or judgment is rendered or docketed against a person, he is out of the State, action may be commenced, or judgment enforced within the times herein limited after the return of the person into this State, and if, after such cause of action accrues or judgment is rendered or docketed, such person departs from and resides out of this State, or remains continuously absent therefrom for one year or more, the time of his absence shall not be a part of the time limited for the commencement of the action or the enforcement of the judgment. Provided, that where a cause of action arose outside of this State and is barred by the laws of the jurisdiction in which it arose, no action may be maintained in the courts of this State for the enforcement thereof, except where the cause of action originally accrued in favor of a resident of this State."
Source: http://www.ncleg.net/Statutes/GeneralStatutes/HTML/BySection/Chapter_1/GS_1-21.html