Citibank sold debt to midland...no activity on account since june 2011. Midland filed court judment in June 2013 which trial date was deleted. Now another trial has been set to which we have not been served. Debt was my husband but I was told I could talk about acct. Even though I was not responsible for it. If i am his spouse does my talking with them acknowledge the debt even though he has never talked to them
SOL is the later of: 3 years from the date the debt was incurred; the date the agreement to repay was breached; the date of last payment; or the date the debtor "acknowledged" the debt. Acknowledgement does not occur simply by talking unless there is an admission by the debtor that the debt is presently owed. proof of acknowledgment is difficult to establish and is seldom argued. You cannot acknowledge a debt on behalf of another. A spouse is not answerable for the debts of their spouse, so no, you do not owe the debt simply because you are married to the debtor, and you cannot be sued or named in any suit (or may be dismissed from the suit if you are). Be very careful about answering the complaint. The defense of the statute of limitations is an "affirmative defense" that must be pleaded in writing in your first responsive pleading, in a timely fashion as required by the Rules, or the defense is waived. Because suit has been filed, you should consult counsel so as to avoid a default judgment or a missed time deadline which may compromise your legal defenses.
The creditor has three years to sue you on a debt after it is written off. Once suit is filed within the three year period, the defendant has no statute of limitations defense. Was a judgment entered against your husband, and then set aside by the court? Why was the judgment set aside? Your question leaves out several important facts. You should go down to the court, and obtain a copy of the court case file. You then need to go hire a local attorney to represent your husband. There may be some substantive defenses that can be raised to this lawsuit that you have overlooked. Go see an attorney ASAP.
It also depends on how your husband signed the credit agreement -- if it was signed under seal then the statute of limitations is 12 years, not the normal three. If you were authorized by your husband to acknowledge the debt, then you might have tolled the limitations period. You cannot on the one hand act on behalf of your husband for one purpose, then disavow that it is not your debt for limitations purposes.
DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.
The statute of limitations is three years from the breach of contract and renew every time someone makes a payment or reaffirms or acknowledges the debt. If the contract is under seal, the statute of limitations is 12 years. The statute of limitations is satisfied if a lawsuit is filed within the required time period.
This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed as arising out of an attorney-client relationship. If a client needs specific legal advice or opinions, he or she should retain counsel for advice or to undertake representation.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline