Legal Debt Questions

The Fair Debt Collection Practices Act gives you the right to force debt collectors to prove that the debt they are trying to collect from you is legally yours, and that they have a right to demand payment. Although most people presumably know when they have borrowed money--and not paid it back--there could be instances of an obscure debt resurfacing from say, a decade ago. In a case such as that, asking questions about the legality of the debt is proper.

Debt Validation

Debt collectors trying to collect from you are required by law to send you what federal law calls a "written validation notice." The notice must be sent within five days of the debt collector first contacting you, and must specify how much the debt collector says you owe. You then have the right to force the debt collector to prove his claim by requesting in writing that he send you a copy of the contract or promissory note that you signed with the original creditor, or a copy of the last statement before the account was closed. Once you have received proper verification of the debt you can assume that it is legal and the debt collector is entitled to collect from you.

Spousal Issues

Generally, you cannot be held legally responsible for a spouse's debt, unless you were a co-signer on the account. However, there are some exceptions. In community property states, both parties are responsible for most debts incurred by either spouse during the marriage. The community property states are Texas, California, Idaho, Louisiana, Arizona, Nevada, New Mexico, Washington and Wisconsin. In the other common law states debts incurred solely by a spouse generally are that spouse's responsibility alone, unless the debt was for food, shelter or some other family necessity.
Federal law expressly prohibits debt collectors from misrepresenting the facts as they attempt to collect.

Statute of Limitations

Debt collectors can take you to court to prove the legality of a debt and seek a judgment against you. However, statute of limitations guidelines place restrictions on how long they can use this option. Statutes of limitations vary by the state, but generally expire after about six years. After that, the debt collector can continue trying to collect from you, but will not be able to successfully sue you in court. You'll still be responsible for showing up in court to answer any summons, but the case will be dismissed once you inform the judge that the statute of limitations on the debt has expired.