My wife got a list of debts that she didn't know about. There are 20 debts listed from 1993 an 1996 with her ex-husbands name.

Asked about 1 year ago - Corryton, TN

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!

Attorney answers (4)

  1. Robert Todd Mosley

    Contributor Level 9

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    Answered . The statute of limitations is six years from the date of the last payment. If a payment was made since 2006, the debt is not past the statute of limitations.

  2. Jason Wade Barnette

    Contributor Level 14

    Answered . 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.

    Jason Barnette
    Barnette Law Offices
    309 Hollow Tree Court
    Nashville, TN 37221
    615-585-2245
    info@barnettelawoffices.com
    http://www.barnettelawoffices.com

    I am not your attorney nor is any answer I may provide legal advice. You may contact me directly for legal advice... more
  3. Bennett James Wills

    Pro

    Contributor Level 17

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    Lawyer agrees

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    Answered . 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.

    www.mdappeals.com - This is not legal advice nor does it create an attorney-client relationship. This is for... more
  4. Kris K. Skaar

    Contributor Level 15

    Answered . 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.

    Skaar & Feagle, LLP maintains offices in Marietta (770 427 5600) and Decatur (404 373 1970), Georgia. The... more

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