Did the wife incur the debt while they were married or prior to the marriage?
While they were married.
.Do you know when his wife made her last payment on the account?
Last payment made was 10/13/11 but here is where it gets vague. In paragraph 8 the plaintiff states the charge off, rights and interest transfer and balance purchased by the plaintiff. But not the date of purchase and transfer. In paragraph 9 the plaintiff states "On or about November 12,2011, Defendant defaulted on the obligation by failing and refusing to pay the monthly charges as agreed" but still doesn't say to whom the payment was refused..Is the land and house he owns his home?
Yes, but I believe he may own other land bought prior to the marriage and only in his name..Does he have any equity in it or is more owed on it than it is worth?
He does own it outright so I suppose there is equity however, an appraisal may say differently since it is not in the best of conditions.
I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.
Just so that I am sure I completely understand, the SOL date would be the 11/12/2011 even if the 10/13/2011 payment was made to the plaintiff and not the Original Creditor as part of a payment plan. I do believe her charging privileges had already been revoked at that time. I had previously been given to understand that the SOL was in some way connected to when charging privileges were cancelled.
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