A debt collector has been calling me for months about a debt that my husband supposedly owed in 2001 (before we were married). I never admitted that he owed the debt because I honestly cannot say but may have admitted that it was a possibility. I have never seen anything in writing proving the debt and the debt collectors told me that they would only send something in writing if I agreed to make payments. They promised that the payments could be easily cancelled by me if I was unsatisfied. My husband was furious when he found out that I had agreed to set up a payment plan just to see if the debt was valid and we cancelled our bank account as a precaution.
I did not know anything about the SOL at the time and now I am concerned that my credit report will be affected and I will be sued.
Consumer Protection Attorney
You should consult with a local consumer attorney. Look for one at www.naca.net.
You and your husband may have a Fair Debt Collection Practices Act claim against the collector. The collector seems to have lied to you. The collection is under a legal obligation to provide you with a written notice of your (or your husband's) rights which include the right to demand written verification. It is a lie for the collector to tell you the only way to get verification is to start paying.
Please consult with an attorney.
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4 lawyers agree
Consumer Protection Attorney
Please see my anser to your other question about contacting a consumer attorney. It is possible you have a claim under the Fair Debt Collection Practices Act.
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Criminal Defense Attorney
Since you did not make the actual payment, the statute of limitations was not "reset". You personally cannot be held accountable for the debt. In the highly unlikely event you are sued, I would ask that the court award you any and all costs you incurred to defend the suit pursuant to Illinois Supreme Court Rule 137. Such a suit would be frivilous and sanctionable.
You also cannot bind your husband to an agreementt ot pay this premarital debt. If he is sued, he should request the case be dismissed based on the expiration of the statute of limitations.
Never talk to debt collectors, period.
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