statute of limitation

by Gloria
(st cloud mn)

I have a sears credit card bill that was incurred when I was with my ex husband. I left that ex husband in 1994 have been remarried since 2000. Suddenly I get this bill from a bill collector in my previous name saying I owe this money. I was wondering i the SOL has run out on this bill.( Also I believe my ex husband paid this bill.) What is my next step?I live in the state of Minnesota.

Comments for statute of limitation

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Feb 01, 2011
Statute of limitations on debt

Thanks for getting in touch!

Yes, the statute of limitations on the debt has expired. That means that you cannot be sued for the debt. However, debt collectors are still entitled to contact you about it in an effort to get you to pay the debt.

You have a couple options: You can write the debt collector to tell him not to contact you about the debt again. Once the collector has received your letter, the federal Fair Debt Collection Practices Act prohibits the collector from contacting you again except to confirm that his contacts will end. If the collector continues to get in touch, he is violating federal law and you should contact a consumer law attorney about your next steps. Be sure to make a copy of your cease contact letter for your files and to send the letter via certified mail with a return receipt requested. You can read our advice here on using a cease and desist letter to stop a debt collector.

If you are still in contact with your former husband and he has proof that he paid the debt in full, you could ask him for a copy of that proof and send it together with a letter to the collector. Again, make a copy of the letter and send everything via certified mail with a return receipt requested.

A word of warning: Given that the statute of limitations on the debt has expired, it's very important when you are dealing with the debt collector that you not offer to pay the debt or imply in any way that you still owe it. If you do, you risk resetting the statue of limitations and opening yourself up to lawsuits again.

If you need additional advice about what to do about your situation, schedule an appointment with a consumer law attorney in your area who helps people resolve debt collection problems.

Best of luck resolving your problem.

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