My wife and I were married in June 2003. I was unaware at he time that she had stopped making payments on several credit card accounts in March of that year. The other day I became aware, through a 3rd party, that a Collection Firm is looking for her and talking litigation, and even gave a date for such action. I understand that the SOL in our state, TX is four years, and I would ask when exactly did this period start. Isn't it true that to file a lawsuit, they would have to serve her? I did contact the collectors, but at the time they could not find the file, however they continued to call another party looking for her.
I have narrowed this debt down to a particular credit card in the amount of $2625. Will they sue for this amount? So for the last two days I have done nothing, and they have not called again. Yes they did call here at home once and left a message. If you could help with advice on what I should do at this point, I would appreciate it. I certainly don't want to screw up and end up paying attorny fees, although as I stated earlier, it would appear the SOL has passed in this matter. Thanks, rrw

One more thing,, There was identity theft involved on one or more of these delinquent accounts, and I would like to know if my wife would be liable in such a situation.

The SOL would have been four years from the time you had contact last with the collectors, I believe, so you may have messed up there, that's all I can say to try to help though. I'm not sure about Texas laws in this situation ( identity theft, etc).

Have you asked her what's going on? At this point I think the collection problem might be the least of your problems...

And they will sue for the amount owned plus fees and expenses and interest -

How do you know identity theft is involved if you have heard all of this through a third party? Again - speak to her about it. If it is identity theft, pursue that with the credit card company.

This person needs to stick to the question.

If it were necessary to write a few pages, then maybe I could explain to you enough of the story to discourage you from making snide judgements. Otherwise, just try not to comment if you cannot provide helpful answers!

Because of the sincere attempt to help in this matter, although simply contact with collector should not restart SOL, right?

I think that contact with the collector does restart the time to SOL, but I could be wrong, so ask your lawyer, since you will probably have to get one.

Remember if a bill collectors mouth is moving they are most likely lying,
First and foremost never talk to them over the phone, only in writing.
Next never admit you owe the debt for sure, do not confirm or agree to anything directly. If you are in doubt over the SOL, ( time of last payment or in some cases promise to pay) so that is why you don't agree to anything, esp over the phone.

But to get a judgement they have to serve her ( but some lie and fake paper work on being served to get judgement without you knowing.

Thanks for the advice to not even speak with collectors over the phone. I will just wait and see if I get anything in the mail. SOL in TX is 4 years and last activity was closer to 5 years for that matter. Not to totally dismiss responsibility if debt is valid, and that is a good question. But what you said at the end concerns me, that collectors or so called lawyers may present papers in court without our knowledge, and obtain a judgement. Since this is a possibility, I am thinking about removing my wife's name from the bank account. Otherwise, just wait and see... and thanks Charlotte but please don't put me at the lawyers office just yet... rrw

Confirmation of information by super mod.

Assuming you are addressing me - sorry you thought I was being snide. I was being honest - if my husband had debts before we were married and hadn't mentioned them to me since 2003, I had to find out from another party - I would be pretty unhappy with him and wonder what else he hadn't bothered to mention.

And I would be talking to him, not the collection agency, not a message board - him.

If a comment by me is on your post and the following post is related I think you can safely assume that I am talking to you.

I think you are assuming too much concerning this matter. Where does it say my wife had not spoken to me about these debts since 2003, and I had too find out from a third party. Granted, it was a problem when I found out in 2005, but not to a point where an overly suspicious and insecure mind would wonder what else she is not telling me. We did not seek marriage counseling from a message board.

My wife had informed me even prior to our marriage that there was a theft by credit card, and it involved a member of her family, and this complicated matters. I should have pursued the debt issue earlier, but did take care of one in early 2006 settling for about a quarter of the said amount on one card.

So yes, the collection thing is on the front burner at this time, and if you think taking her off the bank account is a good precaution, please comment. And don't worry, there is enough trust in our relationship that this would not be a problem. Rrw