Re: ONE MORE QUESTION

Posted by poor lawyer (24.88.34.92) on August 19, 2002 at 18:52:15:

In Reply to: ONE MORE QUESTION posted by JENNY on August 19, 2002 at 16:18:16:

Well, good news. The North Carolina statute of limitations is 3 years. So if your $7000 debt is over 3 years old, then they can't get a judgment against you for it.

But you need to be able to prove that its been over 3 years since you stopped paying on it. If you have any old bills or letters from the creditor saying when you stopped paying on it, or any old letters asking for payment on the whole thing, that date from before 3 years, or close to it, then those should be good evidence. Your credit report may also show how old the debt is, and your own testimony can be used as well. Hang on to any of those old letters in case they actually do sue you.

Also, have you lived in NC since you incurred the debt? If so, then they have to sue you there. If not, then they may be able to sue you in the state you lived in before, and there may be a different statute of limitations in that state than the 3 year SOL in NC.

As for old debts affecting a new spouse. A creditor wouldn't be able to sue your new spouse for a debt you incurred before you got married. However, that old debt could "affect" your spouse in other ways. For example, if you get sued, then a judgment against you could have an affect against property owned by the both of you. So in that way it would "affect" your spouse. But it wouldn't be a debt that he owed, and it shouldn't be able to be reported against him on his credit report.

Hope that helps.

poor lawyer, esq.

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