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agentmoo2
Dec 7, 2007, 08:07 PM
My husband has been disabled since 1988 and on Social Security since 1991. He was just served with a summons for a credit card debt that was from 1993. We have requested a validation of debt to which no one has responded. We have to answer the complaint; however, I have been told that there is either a SS law or policy that states that he cannot be prosecuted for the old debt.

Does anyone have any information about this or have heard of this?

Any information would greatly be appreciated.

mr.yet
Dec 8, 2007, 04:49 AM
Statute of Limitations is different in each state, it can be looked up online. If the debt has passed the time limit, they cannot win in court. You are still respondible for the debt, but they cannot win in court.

Never speak to them on the phone, Send them another validication letter stating all contact will be done in writing only, and tell tell the SOL has expired on this alleged debt.

Fr_Chuck
Dec 8, 2007, 06:13 AM
First being on SS disability does not stop him from being sued, or them getting a judgement.

If the debt is from 93 and there has been no payment on it, and no one has re-affirmed the debt, it should be past any states statue of limitation as for as being able to go to court. First you deny owing it, and second if it was owed, it is past the statue of limitation. So you go to court, on your court day, inform the judge they never provided proof of the debt and that the debt would be over the SOL anyway.

Being on SS they can not garnish his wages but can do other things at times depending on the state.

But if there is a court date always show up