Statute of limitation on marital credit card debt in nc


#1

After ten years of separation I had Divorce Papers filed, the soon to be ex is talking about a credit card debt that she calls marital debt that I knew nothing about. The credit card is / was in her name only and the debt is supposed to be at $20,000. Keep in mind that I haven’t had any contact with her for just about 10 years, how likely is a Judge going to be willing to hear a case over a 10 year old, $20,000 credit card debt that was only in her name. This credit card is one of four in her name only that I found out about before I left and was one of the reasons for the break up. As an Attorney would you even consider taking on a case like this, is there any merit to it at all? She has never tried to contact me over this debt so she never tried to mitigate the damage.

Thank You


#2

Have you obtained an absolute divorce? If you have obtained an absolute divorce, then she has lost her claim for equitable distribution. Did you ever execute a separation agreement that dealt with the division of property? If so, then read the agreement to see if there are any provisions that would prevent her from instituting a new claim against you. There is no statute of limitations, so to speak; so long are you are not yet divorced her claim is not barred.