If he didn't write the bad checks is he repsonsible?

[juliedealer]

What is the name of your state? Indiana

A friend called me panic strcken this morning. He's been contacted by a collection agency about some bad checks.

He says the checks were written by his ex-wife after their divorce. He had no knowledge of the checks but knows he had NOT removed his name from the account officially. They were written for payments on a mortgage note.

He had filed bankruptcy on the mortgage after he was divorced.
order of events;

divorce
ex-wife writes bad checks
he files bankruptcy.

My first reaction was; you didn't write the checks ! He seems to think because he had not removed his name from the account he's responsible.

The collection agency would not say when the checks were written, but his best guess is 1998 possibly 1999.

Is he responsible? They are threatening him with everything under the sun, and he is scared to death!

[JETX]

Indiana is not a community property state, so he is NOT liable for the debts of his wife. And even less liable for the debts of his ex-wife!!!

However, in this case, since this is a JOINT account, all parties are liable for the account 'activity'. In my opinion, this makes him liable for the amount of the NSF checks. Then, he could consider filing a lawsuit against her to recover his damages.

Needless to say, he needs to CLOSE that joint account (and that will need both parties).

[juliedealer]

thanks Jetx

I researched Ind site concerning checks, it does not appear there is a SOL for this either.

This poor guy still has children with this woman, and he just had brain surgery about 2 weeks ago. So he'd either have to sue the mother of his children (already bad blood there) or cough up money he doesn't have right now, his Doc told him yesterday he won't even consider letting him go back to work until the end of May.

[Ladynred]

Who is the collection agency ?

Do they have and can they send him copies of these alleged checks ???

I'll bet they can't - and won't.

There are a few scummy CA's out there scaring the bejesus out of people for supposed bad checks. He needs to ask for proof that these checks even EXIST before he panics and pays anybody anything.

If this is JBC - send them a cease and desist letter and nothing else - they're a pack of scurvy crooks.

The IN SOL's are as follows:

Open Acct.: 6

Written Contract for payment of money : 6

Written Contract (other than payment of money): 10

Written Contract for sale of goods: 4

6 Years Contracts Not in Writing;

Then there's the UCC, which says the SOL on a dishonored check is 4 years. The FDIC stance is even shorter - 3 years.

[juliedealer]

the collection agency is "Asset Acceptance Corporation" seems they are one of Edelmen and combs most wanted list for unethical practices.

No they don't have the checks, they don't even know when they were written. He didn't know to ask for proof, like copies of the checks.

[Ladynred]

Figures... ASSet Acceptance - scraping from the bottom of the barrel.

Have your friend send these cretins a debt validation demand. Make them PROVE the checks even exist - and I'll bet you they CAN'T !