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If my spouse voids the SOL can creditors sue him/her as well as me?

Waukegan, IL |

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.

Attorney Answers 4


You should consult with a local consumer attorney. Look for one at

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.

Skaar & Feagle, LLP maintains offices in Marietta (770 427 5600) and Decatur (404 373 1970), Georgia. The information ("the answer") provided above is for general information and educational purposes only. The answer should not be taken as legal advice for any individual case or situation. Posting the question and reviewing the answer does not constitute an attorney-client relationship. My firm will ask you to sign a written contract prior to the commencement of representation in any attorney-client relationship. Please contact 770 427 5600 or 404 373 1970, if you wish to discuss your situation further. Skaar & Feagle, LLP accepts select consumer rights cases. These cases include, but are not limited to, cases of abusive and unlawful collection activity, debt defense, credit reporting of false or obsolete (old) information, high interest lenders (title pawns, payday loans), debt management plans, and fraud or unfair practices in the sale and financing of automobiles.

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There is no such thing as voiding the SOL. You asked a similar question which was answered. There is no need to repeat your question.

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My States Attorney has told me that I may have reset the SOL. I also have read on the FCC website that confessing that the debt is legitimate, or agreeing to make payment to a debt can start the Statute of Limitations all over again. Thank you for your answer, but I'm skeptical and wondering how you can back up your assertion that there is no such thing as voiding the SOL. Also, these were two different questions. They are simply regarding the same incident.


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.

The above response is not intended to create, nor does it create either an attorney-client relationship or an ongoing duty to respond to questions. It is intended to be solely the educated opinion of the author and should not be relied upon as legal advice. Some responses may be advertising material. The response given is based upon the limited facts provided by the inquiring person and additional or differing facts might change the response. Attorney is licensed to practice law only in the state of Illinois. Responses are answers to general legal questions and the inquiring party should consult a local attorney for specific answers and advice. Answering this question does create a duty to keep information confidential, nor does it prevent me from representing an adverse party. Advertising Materials.

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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.

This response is being provided for information purposes only and does not constitute an attorney client relationship. Furthermore, I am only licensed to practice law in the State of Illinois. While there are oftentimes similarities between States' laws, there can also be large differences. You should not rely on this response as legal advice and are highly encouraged to speak to an attorney licensed in your State for an accurate legal answer.

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