Since the debtors could not collect from him over the years and my wife works, they are coming after her to pay them. Most medical faucilities contact had wrote them off many years ago but the debt collectors is pushing for her to pay them. They were seperated then but still married. Isn't there statue of limitation on these. She refuses to pay his debts. Help!
Contracts / Agreements Lawyer
There is a statute of limitations on debt. I believe TN is 6 years. So any debts from 1993 and 1996 would be outside of this limit. Collectors may try to collect and they may even sue. Statute of limitations would be an affirmative defense if it came to that point. But you/your wife may also have a cause of action against the creditors for a violation of the Fair Debt Collection Practices Act (FDCPA). You should consult with a local attorney to see if you have any recourse or how to stop the collectors.
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Consumer Protection Attorney
Your wife needs to save all communications from these debt collectors (all letters, envelopes, voice mails, emails, etc.). Attempts to collect after the statute of limitations has run may violate the Fair Debt Collection Practices Act (FDCPA).
I suggest that your wife speak with an experienced FDCPA attorney and fax (or scan & email) copies of the letters etc. for review by the attorney. Most consumer law firms (like my own) will consult and review documents without cost to her, and usually if the case is accepted, the law firm will wait to be paid out of the results of the successful case. She may have valuable claims against the collectors. In any event, an FDCPA attorney may be able to give her advice to make the collectors go away.
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Debt Settlement Attorney
May be some violations of the FDCPA and or the Telephone Consumer Protection Act. These debts are certainly barred by the statute of limitations, but it won't stop them from harassing her to the day she dies.
Feel free to contact us.
Barnette Law Offices
309 Hollow Tree Court
Nashville, TN 37221
I am not your attorney nor is any answer I may provide legal advice. You may contact me directly for legal advice only if you are a resident of Tennessee insofar as I only practice in Tennessee.