I was contacted via phone this evening from a lawyer regarding a credit card debt that I believed to have been paid off by my ex husband, whom I divorced in 2000. The woman would give me NO details other than to say it was in my name and told me I had to contact the bank I had the credit card with for answers. I requested a copy of my credit report and sure enough it was there, the account was opened in 1998 and then it shows it being charged off in 2002 yet tonight was the first time anyone has ever contacted me about it. I honestly cannot remember if I signed the credit application or not; my ex opened alot of accounts without my knowledge and I was listed as an authorized user but according to the credit report this account was joint. I just want proof that I signed a credit application; do I have the right to request such proof? I told the woman that called that I am disputing this matter; she aruged that the account is in my name but I know it isn't. What can I do?
2006-07-06 17:51:27 · 7 answers · asked by Anonymous in Business & Finance ➔ Credit
if and when these people call again tell them you want to verify the validity of the debt, the date it was opened, the original account number, the original account holder, all signatures on the account, the last time anyone made a payment on the account.
If they can not verify that tell them that according to the fair credit reporting act you are not going to pay the debt, to stop calling you about the debt or you will report them to the fair credit report act. Also that you are writing a letter with the same information requesting verification from all three major credit reporting agencies.
Once you have finished talking to them and please don't take any abuse from these people hang up on them, they have to be respectful to you, no matter how angry they get.
Send a letter with the same information as above to the credit bureaus requesting they verify that this is a valid account. If they can't verify the account is should come off your credit report.
I hope this has been of some use to you, good luck.
"FIGHT ON"
2006-07-06 18:06:27 · answer #1 · answered by Skip 6 · 0⤊ 0⤋
You have a couple of issues here. One is your 2000 divorce. Joint cards should have been closed at the time of the split, make sure that happened, Then, check your papers to see if your ex-husband was obligated to pay the credit card. If so, you can add a dispute statement to your credit report stating that the debt was included in a divorce and was not your responsibility.
Another issue is the charge-off. It was charged off! Collection agencies buy these accounts from creditors and try to collect on them. That's how they make their money. Next time they contact you, mess with them all you like (the scum) and say you do not recall the debt and unless they can provide definitive proof of it to you within x=number days they are not to call you again. You might also check out the Fair Credit Reporting Act and make sure they aren't in violation. A lot of them count on consumer ignorance. Their worst nightmare is to run up against someone who is informed.
2006-07-07 04:16:29 · answer #2 · answered by misslabeled 7 · 0⤊ 0⤋
The advice above is ok, but let me correct a couple errors.
Take a few minutes to read the Fair Debt Collections Act. This law governs how collectors/attorneys must behave. If you catch them violating any of the laws, don't be afraid to sue them in small claims court. It's easy, and if you have documented your case properly you will easily win.
This was a lawyer, right? Not some collection agent saying he was, trying to scare you?
Contact the lawyer/collection agency IN WRITING by certified mail. Demand that they "validate" this debt. Be sure to word it this way! When you ask to "verify" a debt, all they are required to do is check with the creditor and ask if it's accurate. No investigation is done, and no proof is offered.
When you "validate" a debt, you are demanding that all contracts, bills, receipts, and everything that was used to calculate what they claim you owe be sent to you. That includes your written contract when you signed up. I'm going to bet they don't even have it.
This is the evidence they will use in court if they sue you. Study it, and determine if you can defend against it.
As Echo states, check out the SOL in your state. After this time period has expired, you no longer have an obligation to pay the debt. This date starts on the date of last activity, so compare what they claim it to be for errors. It's NOT the date of the charge off!
2006-07-07 07:26:00 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You did the right thing by telling her that you dispute the debt, though, without having stated that in writing, it's your word against hers.
You need to find out what the statute of limitations (SOL) are in your state.
If the account is charged off and sold to a collection agency, send the collection agency a debt validation letter. If it shows still being owned by the original creditor, send a debt verification letter.
Send anything and everything by mail and send it certified mail return receipt - you may need the proof.
Do not talk to anyone by phone. If you do, you run the risk of your words being skewed around.
I would suggest going to the site that I've listed. Do some reading in the newbie forum and credit forum. You will find your states SOL, how to write a debt validation letter, how to dispute with the credit bureaus and much more.
There is a great deal if info on that site and all of the information is "free" to use.
2006-07-06 18:18:20 · answer #4 · answered by echo 7 · 0⤊ 0⤋
Contact the bank, explain that there may be a matter of fraud and they will move mountains for you. Don't call or go to a teller. Go to the sign in book and write down bank fraud and they will direct you. Good luck.
2006-07-06 17:56:27 · answer #5 · answered by Iamstitch2U 6 · 0⤊ 0⤋
it is your right through the fair credit reporting act. it's not a bad ideal to check your credit report online to make sure that is not the only call you will be receiving. your ex may have obtained or tried to obtain something in your name and you may never know about it. we all know that you only need somebody's information to obtain credit in their name. i still remember all of my ex's information but i would not do that to her and i hope she will never do that to me.
2006-07-06 18:08:39 · answer #6 · answered by naztman2000 2 · 0⤊ 0⤋
Yes, you have the perfect right.
In the age of identity theft and digital crime it's perfectly reasonable and almost expected.
Explicitly tell them you do not remember signing anything.
2006-07-06 17:54:21 · answer #7 · answered by Anonymous · 0⤊ 0⤋