Don't know what to do?

What is the name of your state? New York

The state in which the original debt occured in was NJ...I now live in NY for. About 14 yrs ago I opened a credit card for my ex-husband. He used it and made payments regularly...so I had no reason to believe he wouldn't when we divorced about 13 yrs ago. I moved to NY about 1991...never received anything in mail about this credit card NOT being paid. So I thought everything was okay. Until recently, in Feb of this year...I received a "settlement offer" letter from a CA stating I owed them $1318, and they were willing to settle this debt if I paid them $659.24. This is the very first time I ever heard from this CA and was in shock, not to mention pissed. This past month I received another letter from the same CA, it was the same kind of letter. My ex refuses to pay it...and I found out the last payment was made around 1990 or 1991 sometime. Now I'm stuck with the debt (real foolish of me to trust him in the first place). I haven't responded to the CA because I need advise on what to do first? I only have until May 5th to answer, so anyone who can get back to me (preferably by email) asap will be appreciated. I am not looking to screw the CA, or anyone else...even though I didn't run up this debt. This CC was in my name, and I know legally I am responsible. Recently I had my credit checked by a mortage broker ( my new husband and I are buying a home) and this debt was NOT on my CR, and my credit score was very good, and that is the way I want to keep it. Do I totally ignore the letters? Or do I write to the CA, and agree to the settlement offer? Should I dipute the validity of the debt, or use the SOL (if this debt legally falls in that category)? If I decide to take the settlement offer and pay it in full...will the CA put this on my credit report now? If so, are they legally allowed to do this? I pay all my debts, on time, all the time...that is how I maintained a good credit report. I'm am so worried that if I get in contact with them or pay this off...that they may put this on my CR??? If anyone can help me with some good advise...I would be very grateful. Thank you in advance....

Camco, right?

Tell them that the debt is time-barred. SOL for unsecured debt in NY is 6 years. Same for NJ.
Let them know that reporting any derrogatory information on your credit report for time-barred debt is punishable under the FDCPA and the FCRA, and you will not hesitate to sue if they do.

Also, have a look at [url]http://www.edcombs.com[/url]
They're looking for people to assist them in a class-action suit against Camco and similar collection agencies.
The folks at the law office are very nice. I didn't even have information useful to their case, but they still spent 15 minutes with me on the phone explaining my rights and trying to make sure I know what to look out for. I strongly recommend speaking with them (no I don't work for 'em - was just REALLY impressed.)
Any threats Camco makes to you are ILLEGAL. They also will tell you that there is some special law that allows them to collect on time-barred debt. It's bullcrap. Hang up the phone and contact the law office I linked you to.
If you have the means, tape record the phone calls. New York and New Jersey are both single-party consent.. so you don't have to tell them you're recording them.
Good luck. Please keep in touch and let us know how it goes

[Ladynred]

Kevin is right on. The SOL has expired and all you need to do is send them a cease and desist stating the debt is time-barred. They CANNOT sue you for it, not legally, anyway. They also CANNOT put this dinosaur debt on your credit report !!

Here's a link to an excellent expired SOL C&D letter. The NY statute you need for the letter is on the same site:

[url]http://community-2.webtv.net/Y-chat/WhyChatsCredit/[/url]

The site seems to have a problem right this minute, but the letter you want is titled 'special notice to collection agency, notification of sol'. That should make them tuck tail and leave !

Kevin and Ladynred...I can't thank you both enough for your advise on what to do. By the way, the CA is NCO, although I heard alot of horror stories about them. Their letter was nice to me...I guess because they know the SOL has expired lol. I was going to pay this debt ( even called my ex & demanded he pay at least half being he incurred the charges) for fear they might report it to the credit bureau, or take me to court. I know this debt is way passed the SOL...so I'm taking your advise and sending them a SOL letter. Thank you both so very much for helping me in this matter. I do have another matter (lol) at hand, only this one was fraud played on me. I will post that one soon. Thanks again and GOD bless you!

I've heard some not-so-nice things about NCO as well. Just don't let them talk to you on the phone and you should be okay.

[Ladynred]

Yes, NCO leaves a huge stink in the air to be sure. Watch out for their nasty little tricks too. They left me one message that implied there was a lawsuit filed against me in my county. They left a 'case number' (they just love to make you think its real). I was about to call the courthouse to find out if it was real when I dug up a letter they'd sent. Their 'reference number' on the letter was exactly the same as this so-called 'montgomery county case number' they alluded to in their message. So, I knew they were full of bull.

Don't let them scare you.. as Kevin said.. do NOT talk to them on the phone - all they do is scream at you.

Wow.. They know how to use the internet to look up county names? They probably talked some debtor into surrendering their internet access so they could use it at the office.
I'm not bitter. Really, I'm not.
Oh, look.. now I'm lying just like them.

Remember the NCO letter I told you I got about the debt where the SOL has expired? I'm about to send the SOL letter out to them CRRR, but before I do, I need to ask you both a question. You did mention that they use all kinds of nasty tricks to get you to respond...right? So what if this "FRIENDLY" non-threatening letter is one of their nasty tricks? Can they legally send out a "SETTLEMENT OFFER" letter to someone, just to get them to respond in any way...and meanwhile have a judgement against them? I'm wondering if they can do this? Please let me know before I send this SOL letter out to them. Thanx guys

If they have a judgment, you would know. You could check with the courthouse on Monday anyway to see if there are any active judgments. A lot of counties have websites where you can just log on and pull up court records.

If they had a judgment, they be sending demand letters to your address, not friendly "please work with us" letters. They only get nasty if you don't pay them what they want, when they want it.

You're fine to go ahead with validation.

Are you sure your not a lawyer? lol...

You seem to know your buz...and I thank you so much for all your advice and help. I read your post on how NCO was the collector for the bank of omaha and how they duped your statement to look like it was official lol. Damn, it's amazing what these CA's would do to get money. I'm just glad I found this forum and ppl like you, Ladynred and Jetx who help others like me. I hope someday I can help one of you...and I would be only too glad to do that. Thank you all again, may God bless you all!

You can really help by coming back and providing updates.. It would be great to know how your situation progresses.