Legal Question in Bankruptcy in California

I have a credit card that has been charged off, about 2009 I stopped paying in 2008. it was bought by a another debt agencey. It was opened by me in ny i moved with my husband to california due to his active duty station thats why i lost my job and stopped paying on the credit card. The debt agency is coming after me know 2013. Can they take my husbands income? He is know seperating from active duty at the end of the month, we have no income no where to live and are asking for assistance from operstion homefront and american redcross. Can the serviceman relief act help me stop the debt harrasment, i wish they would just cancel the debt and give me a 1099c please help i dont know what to do. I own nothing no house no car, i am insolvent.

Asked on 9/19/13, 3:32 am

1 Answer from Attorneys

Peter Lago Peter L. Lago, Atty at Law
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It would appear that the statute of limitations has run on the debt (in CA it is 4 yrs from when you stopped paying). Your statement does not mention, however, whether a lawsuit has been filed against your husband. Executing on a judgment is how they could come after your husband's income. I am not familiar with the provisions of the SRA... However if you file a Ch. 7 it would make that debt and all other unsecured debts (even if lawsuit filed) go away permanently. Contact a reputable BK attorney in your area.

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9/19/13, 11:11 am

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