Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

My dads wife has been served a summons by an agency that has

bought an old credit card...
My dads wife has been served a summons by an agency that has bought an old credit card charge off. Approx. 2 weeks ago (9/18/13?)The first thing I noticed is that even though it had been served by a deputy nothing in the "NOTICE TO THE PERSON SERVED" section has been marked and the only date on the summons is the date it was filed. I checked courts website for the exact date of service but apparently the proof of summons has not yet been recorded. I'm still trying to ascertain the SOL due to the charge off date but the case papers are rather vague. There are dates but the wording doesn't quite tell who owned what debt when. Truly my first order of business is trying to figure out if my dad will be responsible if a judgement is filed. They are both receiving SSI which I believe is exempt from garnishment, however, my dad does own the property and house and worried that they may make him sell it in order to satisfy a judgement. His name is XXXXX XXXXX the credit card in any way. California is joint property so he his very worried. Any help with this would be greatly appreciated.
Show More
Show Less
Ask Your Own Legal Question
Answered in 15 minutes by:
10/6/2013
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,520
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
Did the wife incur the debt while they were married or prior to the marriage?
.
Do you know when his wife made her last payment on the account?
.
Is the land and house he owns his home?
.
Does he have any equity in it or is more owed on it than it is worth?
.
.
Thanks
Barrister
Ask Your Own Legal Question
Customer reply replied 4 years ago

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.

Ok, if the debt was incurred while they were married, since CA is a community property state, he can be held liable even though he didn't incur the debt.
.
The charge off date is not legally relevant for the statute of limitations. That is just an accounting method so the creditor can recognize the debt on their taxes. It doesn't mean anything with regard to whether the debt is enforceable or not.
.
The only date that matters is when she made her last payment becaue the SOL is considered to start running 30 days after her payment was due and missed. In CA the SOL for credit card debt is 4 years so this is still within the time for them to collect if the last payment was in 2011.
.
If he owns a property as his home, there is an exemption for equity in his home from creditors that will protect from $100,000 up to $175,000 in equity in the home depending on his age and income. So if he has less equity than is exempt, the home is safe.
.
You are correct in that their SSI is exempt under federal law. However, if he owns other property than his home, that could be liened and sold to pay off the debt even though he didn't incur it...
.

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.

.
.
Thanks
Barrister
Ask Your Own Legal Question
Customer reply replied 4 years ago

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.

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.
.
Sorry for the delay..
.
The statute of limitations begins to run 30 days after the last payment was made on the account. This means any payment at all. So if 3 years went by and she sent in a payment, that resets the SOL for them to pursue collection.
.
I had previously been given to understand that the SOL was in some way connected to when charging privileges were cancelled.
.
No, this not the case, it is strictly related to when the last payment was made on an account..
.
.
Thanks
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,520
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,520
39,520 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Is there a ststute. Is there a Statute of Limitation on
Is there a Statute of Limitation on Court Ordered Divorce Decrees in NJ, also NY? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
What is the Statute of Limitations for the State of Alaska
What is the Statute of Limitations for the State of Alaska to recover erroneous retirement payments made to the widow of a deceased State employee? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,299 satisfied customers
Is there a statute of limitations on property damage?
Is there a statute of limitations on property damage? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
What is the statute of limitation on medical bills. I just
what is the statute of limitation on medical bills. I just received one from 51/2 years ago … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is there a statute of limitation for damages caused by a
Is there a statute of limitation for damages caused by a tenant in a rental property in SC?… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,848 satisfied customers
Wondering about statute of limitations in Colorado, been
Wondering about statute of limitations in Colorado, been accused of check fraud back in 2013, which I have no re-collection of. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Can PTSD Extend the statute of limitations for filing a
Can PTSD Extend the statute of limitations for filing a title seven discrimination actionBeyond the usual two-year period… read more
Damien Bosco
Damien Bosco
3,390 satisfied customers
Miss, is there a statute of limitation on gun charges and
Hi Miss Wilson , is there a statute of limitation on gun charges and attemped murder in New York . charges from 1992. … read more
Andrew
Andrew
Attorney
Juris Doctorate
197 satisfied customers
What is the statute of limitations for illegally selling
What is the statute of limitations for illegally selling Vicodin one time, specifically under federal law? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Statute of limitations - soliciting prostitution. Colorado
Statute of limitations - soliciting prostitution. JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Colorado JA: Have you talked to a lawyer yet? Customer: No… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
What is the statute of limitations in California to file a
What is the statute of limitations in California to file a wrongful death suit ? The issue is my brother's death due to non-treatment of pneumonia while in a skilled nursing facility. The death certif… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
What is the statute of limitations in California for filing
What is the statute of limitations in California for filing suit against a physician for breech of contract? Additionally, if the person is also suing the doctor for malpractice, would the person also… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
What is the statute of limitations in Texas for A felon in
What is the statute of limitations in Texas for A felon in possession of a firearm … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
What is the statute of limitations for legal malpractice
what is the statute of limitations for legal malpractice lawsuit? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
What are the statute of limitations for Intentional
what are the statute of limitations for Intentional Infliction of Emotional Distress cases?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,001 satisfied customers
What is the statute of limitations on collecting on a
Hi! What is the statute of limitations on collecting on a criminal monetary judgment? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
In California is there a statute of limitations on bring a
In California is there a statute of limitations on bring a court action against a ex-husband that the court ordered over 25-years ago to pay his wife $125,000.00 in a divorce. Is there anything lawful… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Is there a statute of limitations on filing against the
Is there a statute of limitations on filing against the attorney my brother had, who has been disbarred for stealing from at least 8- of his clients, but there are 3 or 4 more involved in the thief of… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x