[rc05grme50]

I'm not sure what to do my husband is being sued by an old credit card debt. First must explain my husband has been out of work for over 5 1/2 yrs and had some other money problems. I refinanced our house and they have told me no one can take it. My husband did sign the papers when we did refinacncing but Regions says it is mine, since all finacing based on my credit history. My husband also had a stroke Dec. '07 and we didn't have insurance so we also have a large medical debt. My husband has started receiving disability check but we are so far behind and even though have tried to refinance, I've asked them to extend loan payment and to lower payment by a $100 to $150 but they wouldn't work with me, so I just don't know what to do. The paper says to be in court in
14 days from when received(May 5) but the letter is dated April 20th so 14 days from which date? I also think statute of limitations has run out for our state. I'm sorry so long but trying to give all info that I can think of that might be needed

[JudyKayTee]

When was the last activity on the account (a charge, a payment) and what State?

It may well be out of Statute.

Unfortunately inability to pay is not a defense.

Post the info and let's see what "we" can work out.

[rc05grme50]

The last payment was around summer of 2006. We live in AL so the Statue is 3 yrs and would be up this summer. He had is stroke in Dec. '07 and since we have no insurance
We have the medical bills-but he has disability checks which he is paying on medical because can't apply for medicaid till 24 months after 1st stroke. The doctors say once he
Gets medicaid that it will start paying on his medical bills but he has broken wrist and had
To have surgery on that.
On credit report from 2007 it says this acct-charged off/closed and collection but the claim
The lawyer sent says acct/open acct/contract. Should we reply that we want a copy of original contract and how can the open an acct/ that has been marked charged off and
Closed.
Thanks for all the help

[ScottGem]

First the SOL probably hasn't expired. And the fact that it was charged off has no bearing on you.

You need to file an answer to the summons with your Intent to Defend. Then send a copy to the plaintiff asking for verification of the debt.

If you husband name is on any asset as a part owner, that asset is subject to attachment.

[CreditDiva]

In this country when you have an account that has been charged off you do not LEGALLY have to pay it back. If it's Third party trying to collect from you (even if it's an "attorney") under the Fair Debt collection Practices Act Section 809 they must Validate the Debt. Answer the Summons and show up to court - this is very important.

[JudyKayTee]

Here's the information I rely on: "Question: Do I have to pay a charge-off

Answer: Many consumers have the misconception that a charge-off means they no longer owe the balance. It's easy to make that mistake - "charge off" sounds a little like "write off" and in the world of taxes, a tax "write off" reduces the amount you owe. Not so in the world of credit cards and loans, at least not for the debtor.

When creditors charge off accounts, they're declaring it as a loss, writing it off on their own taxes. As a result, the creditor might owe the federal government a little less. You, however, are still responsible for repaying the debt. The creditor can still attempt to collect on the debt and might even hire a third-party debt collector." Credit Report FAQ - Do I have to pay a charge-off

Please post the site where you got your information that a charged off account does not have to be paid.

[CreditDiva]

I like About.com too JudyKayTee - Legally the account is not forgiven - it is a tax write-off for the original Creditor. However this does not mean that a Third-party collection company automatically has the right to collect. They need to validate the debt. They need to provide the following:

• What the money you say I owe is for;
• Explain and show me how you calculated what you say I owe;
• Provide me with copies of any papers that show I agreed to pay what you say I owe;
• Identify the original creditor;
• Provide a verification or copy of any judgment (if applicable);
• Show me that you are licensed in my state, and provide me with your license numbers (if applicable).

So before legally having to pay - the 3rd Party must LEGALLY validate the debt in writing and they only have 30 days to do so.

[ScottGem]

However this does not mean that a Third-party collection company automatically has the right to collect.

This is true, but its different from what you said earlier

So before legally having to pay - the 3rd Party must LEGALLY validate the debt in writing and they only have 30 days to do so

Very often a creditor doesn't even respond to a request for verification and just brings it into court for the hearing.

You left out one important piece. They need to prove they have a right to collect on the debt. Of course this is usually the easiest to prove, since they either have an assignment from the original creditor or a bill of sale for the debt.

[JudyKayTee]

I first responded to your original answer, which was: "In this country when you have an account that has been charged off you do not LEGALLY have to pay it back. " That is not correct.

[rc05grme50]

Thank all of you for your responses. I now at least know which direction to look.
Where do I get this Answer to the Summons or
Do we just write them we will be in court?

[rc05grme50]

Just wanted to say that I sent a letter to lawyer and asked for verication that they held original signed document for the credit card co.they had to sign when received that letter. Didn't hear back from them but heard last friday(7-17) that a court date has been set for Aug. 17th. So we will go to court, so unsure what to do because we had offered to pay $50 a month but they said we only had 3 options-pay lump sum and they would take off some cash or pay 3 payments of 1500.00 or to see them in court. Then they received letter where we asked for confirmation of what they had and didn't hear from them.

[ScottGem]

So you go to court with a copy of your request for verification. You start pointing out the judge that you requested verification and were not sent anything. You then ask the judge to dismiss the suit.