got a new call today

[blondiesweetie]

What is the name of your state? NC

I had a new call from a lawyer today. Here's a little history of what im dealing with. Got married in 98, ex had 13,000 debt on credit cards. And he made me an authorized user on his cards (big mistake on my part) he went bankrupt while we were seperated and now creditors are coming after me for repayment. As i spoke with the collection agent today he "enlightened" me to that fact that this credit card is not showing anyone but me as the primary card holder. It is only my name on the account. They say it was opened in 95, when i was only 17. Which i know is crazy cause i never had a card until i got married. And they say i opened it in LA when i was living in AZ at that time. Is it possible when i was added as an authorized user that they made me a co applicant and now since he went bankrupt it is now all my debt? And are credit cards considered open accounts or contracts? I know that this is on here already i just cant find it. I thought the SOL for LA was 3 years but the lawyer guy said it was 11 years. He then said i had a judgement out on me and i said what state and he said well not yet but i will. Is there anyway for me to check if i have judgments against me? He keeps saying he has sent all these letters and that ive recieved them . But hes sending them to LA and i havent lived there since 99 so i've recieved nothing. Im really confused and scared and dont know what my next step should be. Please help...ty

[Ladynred]

SOL in NC is 3 years - period.

I thought the SOL for LA was 3 years but the lawyer guy said it was 11 years.

He's full of horse puckey ! SOL in LA is 3 years too.

He then said i had a judgement out on me and i said what state and he said well not yet but i will. Is there anyway for me to check if i have judgments against me?

Yes, call the courthouse(s) where you've lived and ask the court clerk if there are any judgments on record.

You are probably the only one showing on the account because of your Ex's bankruptcy. If you were only an AU, then you are NOT liable. However, you mentioned LA. If you were married in LA and the debt was incurred there, then you may have trouble because LA is a community property state.

Your next step - demand VALIDATION as is your right under the Fair Debt Collection Practices Act. Info on validation can be found at [url]www.creditinfocenter.com[/url]. Don't let this dipwad scare you. Any threats are illegal. I suggest you read the FDCPA and learn your rights and their limitations.

[Debt Guy]

Q. I had a new call from a lawyer today.

A. It may or may not be a lawyer. It is quite common that the account would be assigned to a collection law firm -- you are probably not talking to the actual lawyer but merely a collector who works for the firm.

Q. Here's a little history of what im dealing with. Got married in 98, ex had 13,000 debt on credit cards. And he made me an authorized user on his cards (big mistake on my part) he went bankrupt while we were seperated and now creditors are coming after me for repayment.

A. If you are only an authorized user, then you are not liable for the debt. Since your ex has filed BK, the creditors obviously would like to be paid and will come after you and demand you to pay. In my opinion, they are off-base.

Q. As i spoke with the collection agent today he "enlightened" me to that fact that this credit card is not showing anyone but me as the primary card holder. It is only my name on the account. They say it was opened in 95, when i was only 17. Which i know is crazy cause i never had a card until i got married. And they say i opened it in LA when i was living in AZ at that time.

A. OK -- I am not sure I follow all that but you have lots of reasons that you think this is not yours.

Q. Is it possible when i was added as an authorized user that they made me a co applicant and now since he went bankrupt it is now all my debt?

A. You are not liable for the debt unless you signed the credit application or some other document agreeing to be liable. Did you?

Q. And are credit cards considered open accounts or contracts? I know that this is on here already i just cant find it.

A. Big dispute on the answer to that question. There are lots of internet wizards who say a credit card is an open account and claim TILA as their authority. TILA does not mention an open account but does have a definition of an "open-end account". Credit cards are always open-end accounts but rarely open accounts. It will really depend on the laws of your state. But, most judges are ruling that credit cards are written agreements and not open accounts.

Q. I thought the SOL for LA was 3 years but the lawyer guy said it was 11 years.

A. Actually, the SOL for a written agreement in LA is 10 years. But, you live in NC today. SOL for NC is 3 years for a written agreement. You need to get your arms around which SOL with apply to you -- which means you need to do some research about LA and NC state law -- some states have a borrowing statute where the SOL from the old state transfers to the new state -- but even then, after some period of time, the SOL of the new state will apply. I do not know the answer to this question regarding these two states. My non-lawyer opinion is that if you have lived in NC for 6 years now, then the NC SOL is what applies to you.

Q. He then said i had a judgement out on me and i said what state and he said well not yet but i will. Is there anyway for me to check if i have judgments against me?

A. The easy way to check is to obtain a copy of your credit report. Mostly, credit bureaus will pick up judgments as public records. But, this is not 100% reliable. The only way to know for sure is to call the courthouse in all counties in which you have lived and ask if there are any judgments or pending litigation against you.

Q. He keeps saying he has sent all these letters and that ive recieved them . But hes sending them to LA and i havent lived there since 99 so i've recieved nothing.

A. Well, that might be true. If that is the last address they got, that is where they send mail. However, those letters were probably returned and they know it (but will not admit).

Q. Im really confused and scared and dont know what my next step should be.

A. In my opinion, you should sit down and write a letter to the collection law firm. Calmly and clearly describe all the reasons you are not liable for this debt. Explain the story about the ex, and the authorized user status, the fact you never signed the credit application or any agreement, and the bankruptcy, and the move to NC in 1999. Say "this phone call on ___ date was the first communitcation I have received from you" and "I dispute this debt" and "your records are in error as I was never more than an authorized user on ex's account" and "this debt is outside the statue of limitation for the state of NC in which I have lived continously since 1999" and "because of my long residency in NC, I am no longer subject to the SOL of LA" and "I demand some evidence that I agreed to be responsible for this debt". Be sure to send this letter certified mail and return receipt requested and keep copies of everything.

You probably won't get any proof that you are obligated on the debt. You can't make them until and unless you have been sued.

Also, those words about the NC and LA SOL may or may not be 100% accurate but I think it will help you if the collection law firm knows that you understand the difference and that you are convinced that LA SOL does not apply.

Either they will sue you or they won't. They can sue you where you live (NC) or in the state where they think you signed the agreement (presumably LA). But, if they know where you live today and know how to serve you, then they must serve you notice in NC even if they sue in LA. If they sue in LA, you can try to have the case dismissed for lack of venue (may or may not work). Even if they win in LA, they must domesticate the judgment in NC and you must be served notice of that action. This will give you another chance to tell your story to the judge, file responses/objections, etc.

If and when all this happens, you can hire and attorney or you can try to handle this yourself.

Worry does no good. Think calmly and unemotionally. They want to pull your chain and upset you because is what will panic you. When you panic, they are in control.

I think you have good arguments. If they are really hard-headed and decide to sue, ultimately only a judge will listen to both sides and issue a ruling.

Good luck.

[Chien]

I think that LNR and Debt Guy have given you about all the advice that you need to deal with this successfully.

But about possible judgments: While any should be on your credit report, as DG said, that's not completely reliable. But calling every courthouse is likely to take days, $$$ and be even less reliable. If you were sued, who knows how you were named? And most clerks are not going to take the time to check every possibility. I don't think it's something to worry about until someone tries to enforce this mystery judgment. But, if you remain concerned, there are online firms that search public records (and you can find one by using Google for "public records"). For $20-$30, I'm sure that you'd find it much cheaper and more efficient to let one do it for you.

[blondiesweetie]

Thank you all for your advice...here's a little fill in information on some of the questions:

We were married in Florida and all the debt was incurred prior to that before we were married by him only and he was living in GA and OK when he was charging on this card im sure. We were neither married or divorced in LA but that is where we lived for 11 months and in that time he made me an AU.

I called the bank that the card was issued by yesterday and told them that i believed there was fraud on the account and asked them to send me a copy of the agreement that i "supposedly" signed. I am the only one showing up on the account. However she said she had no copy of my signature or any contract that i signed with them. So if they have no evidence of me signing (which i know i didnt sign anyway) can they really put this on me?

I pulled my credit and there are no judgments against me. If they do try to take me to court do they have to serve me some kind of notice in person? The collection people keep saying I live in LA still and I keep telling them no I dont but I have not told them where I do actually live. They are saying they will take out judgments in LA but obviously i dont live there and my new address in NC isnt showing up on any of the reports. I just dont want to be surprised by a judgment i knew nothing about when i feel like i have a good case to stand behind if i were taken to court.

Thank you all again...you have all helped me to calm down and breath a bit better today.

[Debt Guy]

Q. I called the bank that the card was issued by yesterday and told them that i believed there was fraud on the account and asked them to send me a copy of the agreement that i "supposedly" signed. I am the only one showing up on the account. However she said she had no copy of my signature or any contract that i signed with them.

A. Good. Try to see if you can get the bank to put this in writing. If not, write yourself a memo and memorialize exactly what was said, the name of the rep you spoke to, date and time, etc. You will want this in case you have to tell your story to the judge.

Q. So if they have no evidence of me signing (which i know i didnt sign anyway) can they really put this on me?

A. Well, yes and no. Anyone can sue anyone for anything. They can surely try to pin this on you. Hopefully, they won't. But, if they do, you must respond to the lawsuit and prepare yourself to beat them back.

Q. I pulled my credit and there are no judgments against me. If they do try to take me to court do they have to serve me some kind of notice in person? The collection people keep saying I live in LA still and I keep telling them no I dont but I have not told them where I do actually live.

A. In my opinion, you should tell them where you live today. If you don't, there is no way they can serve you. If they can't serve you in person, they will serve you by publication or whatever LA law allows. Then you will never know you were sued and you don't file a response and the judge will grant a default judgment. This is exactly the surprise you do not want. So, I think the smart thing is to give them a current address.

I still think you should send the letter I suggested in my earlier post.

[blondiesweetie]

Thank you! I will do that.