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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.

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

Posted

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.

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Posted

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 education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.

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Posted

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 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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Posted

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 only if you are a resident of Tennessee insofar as I only practice in Tennessee.

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