Friday, November 6, 2009

Can a credit card company write off a debt, and then sue you after 3 years, not a collection agency?

My ex-husband is being sued by a lawyer who claims to represent Discover. I believe he bought the debt because he is a bankruptcy lawyer and buys debt. Does anyone know how I can find out.

Can a credit card company write off a debt, and then sue you after 3 years, not a collection agency?
Writing off is just a accounting procedure, this should not in any way affect the collection status. The company "Discover" is most likely engaged by your creditor to collect the debt on their behalf. If your creditor has obtained Judgement against your ex-husband, then action can continued to enforce within a 7 year period.
Reply:Thanks for writing.





The way you wrote the question, I suspect you have two things mingled in your mind that shouldn't be.





"Writing off a debt" is an accounting procedure practiced by lenders. It has nothing to do with whether a debt can be collected. Debts can be sold over and over, and each buyer of the debt, whether they call themselves a collection agency or not, can attempt to collect.





I would also warn you that debt collectors don't care about divorce decrees. Even if a judge signed an order saying your husband is responsible for the Discover bill, if during the marriage it was your joint debt, expect debt collectors to come after you, too. They see divorce decrees as a matter between you two and the courts, and they view the original loan document as binding.





They can sue and get a judgment until the debt goes out of statute. I hope this information has helped.
Reply:yes they can if they feel if it is necessary .call the credit card company up or ther collection agency and c what actions they took.
Reply:The lawyer most likely did not buy the debt, but is doing the collection work in exchange for a percentage of the money he collects for the debtor (Discover in this case).





And yes, a credit card company (or anyone who needs to collect debt owed to them) can use a lawyer, rather than a collection service, to help collect from those who owe them money.
Reply:You have no standing if it is an ex-husband and you were divorced at that time. People sometimes pay up so they try to intimidate you but at this point I don't think he has to pay.
Reply:That depends if the statute of limitations has expired or not. This varies based on the state and type of debt. If the statute of limitations has expired, they can still sue you, but, if you can prove that the statue of limitations has expired, they cannot win in court. The countdown starts from the date of last activity on the account. However, if he has acknowledged responsibility for the debt at any point in phone conversations or letters or paid towards the debt, then this is not the case. You cannot acknowledge the debt 6 months ago (for example), and then try to claim that they can't sue you because the SOL has expired. If he has had no contact with them in years, then he could go this route.





http://www.expert-credit-advice.com/stat...


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