Legal Question in Credit and Debt Law in Missouri
My husband is in prison and will be for the next few years. I have, over the last several months, received numerous telephone calls from a debt collection company, which I usually don't answer. However, they called yesterday, blocking the caller ID, and I answered. They allege that my husband owes what appears to be about a 10 year old debt as they state last action on it was in 1999. This was during the time he was married to his previous wife and he does not remember the debt. I understand that the statute of limitations for debt collection for credit card revolving debt in MO is 5 years and for written contract debt, 10 yrs. Should I just let them continue to harass me until after the end of this year when the 10 year statue of limitation would definitely be reached if it is written contract debt? Should I attempt to find out what type of debt this is? Or would that be admitting that there is a debt? Should I tell them he is in prison? I hesitate to do this, as I use his current credit cards (which are up to date and paid off every month) and am afraid if the credit card companies find he is in prison, they will cancel them. The alleged debt does not show on his credit report. I reside in Missouri; he is in a Missouri prison. Any help you can give will be appreciated.
1 Answer from Attorneys
If you are not signed as a co-borrower on the debt, they have no business talking to you. This is what I would do. I would send a letter to them saying (1) Mr. X is no longer at this address. (2) As this is not my debt and I am not obligated on it, your contact with me is prohibited by the Fair Debt Collection Practices Act. If you make another phone call to my house or attempt to discuss this matter with me again in any way I will file a complaint with the FTC and bring a private enforcement action against you.
Send that letter to them certified mail, return receipt requested. That should fix that issue.
As to the other credit cards, you are an authorized user. Your husband's conviction is public record. If the accounts were going to be cancelled, they would probably already have been cancelled. I think you can probably use them without worry.
I suspect that the debt collector, if it finds out that he is in prison, won't take further collection activity. You can't get blood from a turnip, and your husband has zero ability to pay. They cannot garnish you because you are not obligated on the debt. However, if your husband has a bank account or savings account that is still in his name, he probably wants to transfer that to your name prior to any collection action so that he doesn't lose the money.
Good luck with your issues.
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