Samuel John Glover’s Answers

As youmight imagine, it depends. For a credit card debt, assuming you are a consumer and the debt is a consumer debt, the FDCPA requires the debt collector to sue you in the jurisdiction where (1) you signed the contract, or (2) you reside. If you think they are suing in the wrong place, seek out advice from a consumer rights lawyer in your state, who can help you understand your options.

Definitely seek the advice of an attorney in Arizona. The NACA lawyer database is a great place to find a consumer lawyer who can help you. A dismissal with prejudice means you cannot be sued again on that debt and probably have the right to remove related information from your credit report. A dismissal without prejudice means you can be sued again and you have no right to remove related information from your credit report. Although chances are often good they will not try again if you...

Nothing obligates a creditor to make a payment arrangement. But nothing is stopping you from making payments anyway, which they have to credit to your account. Now that you are being sued, you need to find an attorney in your state. The lawyer database at the National Association of Consumer Advocates is probably the best place to start looking.

Unfortunately, the creditor is not bound by the divorce decree. In other words, you still owe the debt, even though your ex-wife has promised to pay you for it. So they can continue collecting. You mention that it has been "many years." Depending on how many, the debt may be outside the statute of limitations, though. They can still try to collect, but they cannot sue or make threats of suing you, if that is the case. You should talk to a consumer lawyer to find out. In the meantime, make...

Under the FDCPA, assuming this is a consumer debt, they cannot continue collecting until they respond with some evidence showing you owe the debt. There is no time limit, and if they do not respond, it does not change whether you actually owe the debt.

Nothing obligates a creditor to make a payment arrangement. But nothing is stopping you from making payments anyway, which they have to credit to your account. Now that you are being sued, you need to find an attorney in your state. The lawyer database at the National Association of Consumer Advocates is probably the best place to start looking.

I am not sure what you are asking, either, but if you want to know the answer, you should contact a consumer lawyer in your state. The NACA lawyer database is an excellent place to start. As a NACA member, I know there are excellent consumer lawyers in Chicago, so you are in luck.

I don't think I can add anything to Jay's excellent response, except a link to the NACA lawyer database, where you can find a consumer lawyer in your area to help you understand your options. Ron Wilcox is a NACA lawyer in San Jose, but you might be able to find someone closer.

I agree with most of what Jon Stein posted. Validation can help you figure out if you really owe this debt. But what you really need to know is whether you have actually passed the statute of limitations. The best way to find out is to contact a consumer lawyer. The NACA lawyer database is a great place to start, but you might want to call Ron Wilcox in San Jose. He has a lot of experience working with consumers on debt collection issues in California, and should be able to help.

The Fair Debt Collection Practices Act is a federal law, not an Arizona law. Arizona may have state laws that apply, and I cannot speak to those. As far as I know, there is no law that forces a debt collector to accept a payment arrangement, although they have to give you credit for any payments you do make. If you do get a collector to agree to a payment arrangement, make sure they promise to stop collecting as long as you are making payments, including a promise not to sue. Before...