Expert: Kathleen Eads - 6/27/2006

Question
Good evening:
My husband has a small cc debt of $495. This account was written off in June/2002. At this time, I did not even know him. I actually married him in June/2004. A month ago, a law firm contacted him to ask him to pay off this debt. He is a military retired psychiatric patient. My question is:
1. Can they collect this account after writing it off?
2. Can I ever be held responsible for his debts, especially if they occurred before I met him?
3. Would they actually take this to court for only $495? And if not, what can they do to collect this account? (We reside in Texas)

Answer
Shirley,

Technically, they can attempt to collect forever; however, they only have legal recourse for a certain amount of time.  This is called statute of limitations.  On credit cards, usually considered open account, the statute is usually 4 years.  (see the site below)

http://www.cardreport.com/laws/statute-of-limitations.html

Texas is a community property state, but no one can pursue you for any debt of his incurred prior to your marriage.  It's unlikely the outstanding amount would be pursued, as the costs to pursue this will probably be more than what is owed.  I have noticed a trend lately though, where creditors are taking smaller balances to small claims court with quite a bit of success.  

I would check the statute first.  If it has expired, there is really nothing they can do legally.  If it has expired, it comes down to a moral/ethical olbigation, and I can't advise you on how to deal with that.  

Hope you get it worked out,
Kathleen Crabtree-Eads