[Joseph Michael]

I recently received a summons for (2) credit cards that were charged off in 1998. The total is approx. $3200 and there was no activity on either account for 7 yrs. In 2006 my wife, unknowingly started to make payments on a collection notice sent to us from Asset Acceptance. They had called and made threats of suing us. Because the Statute of Limitations (6yrs in MI) was up, was it legal for them to call and harass? Next, because she made a few pmnts, did she restart the time of the Statute of Limitations? I called the representing attorney after the summons arrived and asked if we could settle. He said the most he could discount would be 20%. I cannot afford $2560 so I refused and guess I will try in small claims court to prove the laws they violated. Can anyone provide any advice? By the way, I now live in Illinois and that is where I will be in court. Any help would be greatly appreciated.

JM

[progunr]

If she made payments on the account, yes, the time clock was started all over again.

At this point, I don't believe you will have much luck in complaining about the activity that caused her to make additional payments on this debt. The fact is, the debt is yours, and she started the clock all over again.

If you have anyway of making a payment arrangement, it would be to your benefit. If a judgment is awarded against you, they can levy bank accounts and garnish wages to collect it. If you think you can't afford a payment plan, what are you going to do if your bank account gets cleaned out, or your wages are garnished?

Good Luck with it!