Being sued for wife's defaulted cards
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Posted by dwgem (12.230.150.180) on October 04, 2002 at 00:26:26:
I met my wife about 3 and a half years ago, we were married about 3 years ago (1999). In 1995 my wife had gone deaf and lost her job. She used her credit cards until she went onto a Social Security disability montly payment. Because she was making so little money, she ended up defaulting on 5 credit cards. Last April my wife and I received a notice that we were being sued by an attorney alleging to represent Citibank (one of her credit card debts). I should have sought a lawyer right away, but had checked the internet for when the limit of action for the state of washington (where we reside) for this type of credit. Thinking it was 3 years, I simply wrote a response to the court and the plaintiff's attorney stating they had no basis for a case. My wife's last payment on the account was in 1996. On Monay, we received notice that the attorney had filed a motion for docket to consider a summary judgement against us on the 24th of October, about 2 weeks from now. The final amount they are suing for is around 4200, roughly twice the original debt (5 years of interest). The attorney claimed in the document that the SOL was actually 6 years and was moving for the judgement. During the time between the summons being received and the notice of the summary judgement intent, I had written Citibank asking about the status of my wife's account (she wrote the letter actually). They replied that they had no further interest in the account and that I should contact a certain collection agency. That agency is not mentioned in the information recived with the summary judgement notice. Is it odd that the lawyer for the plaintiff claims to represent the original creditor, even though the original creditor no longer seems to hold any interest in the debt(I assume they sold the debt)? Why would he misrepresent the true situation? There is an affidavit from a different collection agency in the documentation stating that no additional payments have been recieved by them to pay down the debt. We had been contacted by that agency, once in writing about the debt about 2 years ago. We had never replied. Is there any grounds for filing an ammended answer to the original summons asking some of the questions I mention above? And also, are there any grounds for having the case dismissed on some sorta hardship basis because my wife is still deaf and the debts were brought into the marriage? Any help or thoughts on the above would be great. Sorry for the overly long post.
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