Hello, I'm new here and have a complicated question...

[vcordes]

First off, hello, nice to meet everyone, I'm new here.

I originally lived in NY, where I had an Amex credit card, and my best friend is the secondary holder. When I got married and moved, I paid off my balance, gave my card to her, and let her take over all the payments. She destroyed my card, and continued to use hers, and make payments.

Well, she too got married, and fell behind on payments. Now they are sending me collection letters and settlement offers.

The statute of limitations in NY on Credit card debt is 6 years. The statute of limitations in OK is 3 years.

I have lived in OK 3 years, and have not made a single payment in all that time. My friend, however, paid hers up until a year and a half ago.

My question is: How do her payment effect the statute of limitations for me?

Can they legally do a judgment on me if the limitations is up because of the payments she made?

Thanks for any and all help, It is greatly appreciated.

[Rick9972]

First off, hello, nice to meet everyone, I'm new here.

I originally lived in NY, where I had an Amex credit card, and my best friend is the secondary holder. When I got married and moved, I paid off my balance, gave my card to her, and let her take over all the payments. She destroyed my card, and continued to use hers, and make payments.

Well, she too got married, and fell behind on payments. Now they are sending me collection letters and settlement offers.

The statute of limitations in NY on Credit card debt is 6 years. The statute of limitations in OK is 3 years.

I have lived in OK 3 years, and have not made a single payment in all that time. My friend, however, paid hers up until a year and a half ago.

My question is: How do her payment effect the statute of limitations for me?

Can they legally do a judgment on me if the limitations is up because of the payments she made?

Thanks for any and all help, It is greatly appreciated.

I am not a lawyer but have alot of experience with collections and unfortunately I have nothing but bad news for you.

Though you and your friend had an agreement, you remained a card holder and thus responsible for the account.

Secondly there is only one account and the SOL is determined by the account. The clock starts ticking when that account went bad, and is never "corrected/brought up to date" again.

Third, your biggest problem is the choice of law provision probably hidden in the CC contract somewhere. Such a provision is tailor made for a situation like this, and will probably be enforced here. I cannot remember which state AMEX uses for choice of law.

[Flamingo]

The answer to your question is simple. You are part of a (signed) binding contract to pay the bill when due. Your biggest mistake was not closing the account and opening new ones in your own names after you married.

[vcordes]

No, no, I understand that I am responsible for paying, I knew this when I moved. My credit is so bad, I honestly do not care. My question is does the statute of limitations in Oklahoma prevent them from taking it to court? Or would the SOL not be up yet because the last payment my friend made was 1.5 years ago, even though the last payment I made was 3 years ago.

Even if they were to take it to court, is it likely that I will be forced to pay? I have no job and no assets, but my husband has a job, so I wanted to know if they can make him pay?

[Rick9972]

No, no, I understand that I am responsible for paying, I knew this when I moved. My credit is so bad, I honestly do not care. My question is does the statute of limitations in Oklahoma prevent them from taking it to court? Or would the SOL not be up yet because the last payment my friend made was 1.5 years ago, even though the last payment I made was 3 years ago.

Even if they were to take it to court, is it likely that I will be forced to pay? I have no job and no assets, but my husband has a job, so I wanted to know if they can make him pay?

IT goes by the last payment made, no matter by whom.

Forced to pay?? Yes, is your name on a bank account, on a car title, on a mortgage, a judgement can attach about anything, though most debt collectors will just let it sit there collecting 12% interest, until something you do attracts their attention.

[treehugger1]

Be careful here with advice, the tolling of SOL varies by state. It is my understanding that while some states start the SOL tolling at first default (30 days) others don't start until 180 days (chargeoff) + whatever the years are under state law. Look up the laws of the state and see if you can find "adminstrative rules" related to how the laws/statutes are implemented.

For instance, in Oregon we have the Revised Statutes (legislative laws) and we have the Administrative Rules (OARS) (how the laws are to be applied.)

The OARS are far more clear as to what the laws actually state.

Again, SOL's vary by state and when the actually "tolling" of SOL begins, varies by state.

[vcordes]

Thank you for all the answers! I do plan to contact a consumer lawyer and see what he has to say. My friend and I both are willing to let it effect our credit, but I neither of us want my husband to have to have docked wages or anything.

My name isn't on anything. No vehicles, no banks, I have such bad credit already (through little fault of my own) that my husband's name goes on everything.


And, as pointed out, I had not even heard from them in the 3 years I have lived here, and she has not heard from them in over 1 year.

I will look into everything suggested, thank you. Of course, any further suggestions are also welcome!