My husband cosigned for his friend's credit card in 1998 or 1999 (in Kentucky). This friend stopped making payments before the year 2000. My husband was called about this around 2003 or 2004 from the collection agency (which has changed since), but he (husband) claims that at the time he did not admit to owing the debt nor did he make any agreements to set up payments. A couple of years later, the original borrower was contacted by another credit collections regarding the same debt. He asked if he could make a deal and they agreed to allow him to pay a smaller amount than was actually owed within a certain time limit. He said he'd get back to them, but never did. A few months ago, my husband and his friend received a letter from yet another collection agency. The friend asked for validation of debt and was sent a summons instead (my husband was as well). The county court says we can drop off a letter of dispute that will freeze the possible Judgement until everything is worked out. Currently, both my husband and his friend are working on Validation letters of dispute. (Essentially, my husband was contacted twice: once after 3 or 4 years of no-payments and then a couple of months ago).

With all that was said and all the interactions that took place, is my husband protected by Kentucky's Statute of Limitations (5 years) even though his friend made a questionable "agreement."

Also, how would we prove to a Judge that the Statute of Limitations was up?

Furthermore, my husband was in the military from 2001 until 2007. Does this "toll" the SOL? He was never overseas except on short Tours of Duty.

tickle

Basically both are trying to get out of the debt that was created by one and co-signed by another. If one co-signs then they are taking on the responsibility of paying the debt if the other one cant.

I am really tired of hearing about the statute of limitations in whichever state. The debt is owed so someone has to pay. So get a lawyer and get it sorted out that way, that way, no one will be in doubt.

mr.yet

Statute of Limitation means only they cannot suit and win. SOL starts from the date of last activity.

Request validication of the alleged Debt and demand an accounting from the begining of the account. Request the original contract you signed.

ballengerb1

If the debtor asked to make a payment arrangement with the 3rd collection agency he may have restarted the SOL. Follow Mr. Yet's advice and make them produce the documents.

Rhiannon6A

Heck yeah I am going to try and get out of a debt that collections didn't let us know about until years into finance charges and interest. Had we been approached soon after his friend had gone into default, the far lesser amount would have been taken care of. This is the purpose of SOL, right? So that no creditor can surprise you with thousands of dollars of debt that originated from a tiny amount.

Thank you Mr. Yet and ballengerb1 for the advice.

Fr_Chuck

Yes remember the co-signer is bound by what ever the orginal debtor says or agrees to.

He has little ability to over ride but only the obligation to pay.

Good reason to never co-sign, NEVER..

Time for an attorney since this is destroying his credit.