Geekguy Posted December 29, 2004 Report Share Posted December 29, 2004 this Link to comment Share on other sites More sharing options...
Recovering Attorney Posted December 29, 2004 Report Share Posted December 29, 2004 I think he is probably right. Look at the complaint. They have probably sued it under different theories, such as open account, unjust enrichment, contract, and on the credt card agreement. But get a copy of the contract and see if it has a controlling law section. If it says the law of Delaware ( for example) applies, and the Delaware SOL is shorter than CO, then you might be able to use the defense Link to comment Share on other sites More sharing options...
dbranch3 Posted December 29, 2004 Report Share Posted December 29, 2004 PontiacI to live in Colorado and have been dealing with a judgement on nsf checks which can have a sol of three years or six years depending on what damages they want, almost all forms of debt in colorado are 6 yrs sol. Colorado is tricky!!! Link to comment Share on other sites More sharing options...
hawk3254 Posted December 29, 2004 Report Share Posted December 29, 2004 jsut move to california..... Just have a po box there and say its your residence..... LOL I got out of a few this way Link to comment Share on other sites More sharing options...
Geekguy Posted December 29, 2004 Author Report Share Posted December 29, 2004 this Link to comment Share on other sites More sharing options...
dbranch3 Posted December 29, 2004 Report Share Posted December 29, 2004 Well in my instance they took $1100.00 out of my bank account and i didnt no nothing about it until I bounced about 4 checks, if they get judgement close your checking account or keep very little money in it! It took them over a year after judgement to hit the account, but i would try to find away to fight it any way possible Link to comment Share on other sites More sharing options...
Geekguy Posted December 29, 2004 Author Report Share Posted December 29, 2004 We don't have a joint checking account. The account is in my name only. The house and car are also in my name only. As I understand Colorado is not a community property state so if a judgement is entered against her they could come after my assets, paycheck.........right? Link to comment Share on other sites More sharing options...
dbranch3 Posted December 29, 2004 Report Share Posted December 29, 2004 pontiac I am not sure if they can come after you or not, my opionon is they probably will try! Link to comment Share on other sites More sharing options...
LadynRed Posted December 30, 2004 Report Share Posted December 30, 2004 If the account is in only your wife's name and she has no assets with her name on them then there really is NOTHING they can do. They can NOT go after YOU for your wife's debts, as you stated, CO is NOT a community property state. Your wife is fairly safe, no wages, no assets, no bank accounts.. the judgment creditor will get NOTHING from her.. and certainly nothing from you. Link to comment Share on other sites More sharing options...
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