Hi everyone,
Can someone answer this question for me about 6 years ago (it will be 6 years in a few months) I had a credit card that I defaulted on due to a messy divorce and my ex spouse was supposed to pay it off needless to say he never did it was on my credit report until June 05 prior to removing it it was classified as charged off as bad debt. It was then removed in June 05 when I disputed it. Now I have an attorney trying to collect the debt I received a summons or a citation telling me that my wages will be garnished if I do not respond. (I do not work currently) my question is am I liable for this debt that is not on my credit report any more. I know that the statue of limitations in NY is six years what do I do? Do I respond or do I ignore it?
Pm11

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Originally Posted by pmoran11

Hi everyone,
can someone answer this question for me about 6 years ago (it will be 6 years in a few months) i had a credit card that I defaulted on due to a messy divorce and my ex spouse was supposed to pay it off needless to say he never did it was on my credit report until June 05 prior to removing it it was classified as charged off as bad debt. It was then removed in june 05 when I disputed it. Now I have an attorney trying to collect the debt I received a summons or a citation telling me that my wages will be garnished if I do not respond. (I do not work currently) my question is am I liable for this debt that is not on my credit report any more. I know that the statue of limitations in NY is six years what do i do? do I respond or do I ignore it?
pm11

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I would think you owe them, don't neglect the matter, handle it, since you have no wages to garnish, nothing to worry about their unless you later gain employment, I would think if the divorce required your ex to pay off the debt then it would have been you responsibility to enforce the divorce decree and make him pay it off, it's been awhile but can you ask him now to pay it, I doubt you could. Why not ask an attorney?

Yes, the statute of limitations in NY is 6 years. That clock starts ticking after the last payment is received or the last charge is charged to the account (date of last activity).

When you say your ex was supposed to pay it off, was this written in the divorce? Or was this just a personal agreement? If it was written in the divorce, bring that paperwork to court and you should be able to prove that you are no longer liable for the debt.

However, if it was not, you may get stuck with the judgment. With this judgment, they can garnish your wages (it will last for up to 10 years... so if you become employed within the next 10 years, it still counts - however, that is only if they find out where you work and they don't have access to social security). They can also put a lien on your property of levy a bank account.