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SOL and Wifes debt
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Posted by Wondering Husband on February 26, 2002 at 23:58:32:
Hello all,
Just the other day(Feb 21)my wife got a phone call from a CA on her credit card bill from 8.5 years ago. They said the bill was at $2200 now including interest. The original bill was for $1100 but that they would take $900 in a lump payment and close the account.
Now a little background info. I have the only income in the house, as my wife takes care of our children. I am in the Army and make little in the way of pay but have great credit. Being in the Army we move alot and at every new duty station we always get a PO Box prior to leaving our old duty station and fill out change of address forms. She has also worked for over 3 straight years in Virginia between the default on the card and now. My wife was in college when she had her credit card problems (8.5 years ago) and has since gotten her own credit card in just her name. The only thing we own that is of any value is our car which is in my name and the loan was in my name also. We have a joint account both savings and checking.
The debt the CA called about was from Discover Card which had written her off. The CA told us that they are not the first CA to have this account but the first to find her. I asked an Army lawyer about any SOL and he basically told me that there is none and that they can collect on this. From the posts I've read in here I'm starting to doubt this advice. We have not contacted the CA because we told them we are going to talk with our lawyer first(they didn't like that). They also said nothing about a judgement during our phone conversations. The state my wife was in when she had the card was Rhode Island and currently we live in Alaska.
My questions are:
1. Can they do anything to our joint account? If so should I have her name removed from the account?
2. Is there really a SOL on this and if so do I just tell them to take a flying leap?(I'd enjoy that)
3. They haven't harassed us with thier calls but should I send them a C&D anyway?
4. The Army lawyer told me that they probably bought my wife's debt at a fraction of the original debt which is why they offered to take $900 lump as payment. Is there a way I can find out how much they actually paid? If I do pay them for her debt it will be the smallest amount possible.
5. Is sending them a written proposal for $10 a month for 80 months pushing things?(I would like to annoy them as much as possible for the managers rude comments to my wife, his "scare tactics")
Thanks for any advice and light you can shed on this. I'm looking forward to what you have to say.
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