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Old 01-08-2006, 12:25 AM
Junior Member
 
Join Date: Oct 2005
Location: southern california
Posts: 16
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I have debts from 1992


What is the name of your state?CALIFORNIA
I had such great credit that I had a Gold card. My second "husband" took those cards and ran them up to the hilt; without my permission or my knowledge....until it was too late. I eventually caught the mail and discovered the bills. When I confronted him about it he promised me that he would pay me back.....he never did. He also beat the hell out of me when ever I would question him about it.....or anything else. I eventually had him arrested for his abuse, but out of fear for my life I didn't pursue any other avenues. I just disappeared and never saw him again. Recently I found out that our marriage was "void"(long story and not part of this string).
I am still being hounded by those collection agencies. I have told them that I did not make the credit debts but they don't seem to care.
Please, tell me how can I get out from under these debts? I might know where my "ex" is, can I send the dogs on him? (without letting him know where I am???)
Signed,
Up to my neck in creditors, and Still Watching My Back!!!

Last edited by judylherman; 01-14-2006 at 01:15 AM.
  #2  
Old 01-08-2006, 11:02 AM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Ok, if these debts were all incurred in 1992 and no payments have ever been made since then, then these debts are all way, way , way past the statute of limitations for legal action to collect a debt. A debt that is 13-14 years old is ridiculous, but they will try to get paid. You're in CA, it is ILLEGAL for them to sue you for an out-of-statute debt.
Quote:
It is also a violation to misrepresent a debt’s character,
amount or legal status. For example, it is a violation to attempt to collect a claim that is too old to be enforceable.70
This is listed in the document linked below and the #70 footnote that supports it is this:
Quote:
70. In Kimber v. Federal Financial Corp. (M.D. Ala. 1987) 668 F.Supp. 1480, the court held that it is unfair under the federal
statute to file a time-barred collection suit against a consumer, and that it is deceptive to even threaten to file such a suit.
Send them a cease and desist letter and tell them to take a flying leap at a rolling donut, the debt is time-barred. Here's an excellent sample letter to use:

[url]http://whychat.5u.com/nottoca.html[/url]

Follow the process, and the collectors will go away. Send all letters certified, return receipt requested and keep copies of everything.

You should also read this:
[url]http://www.dca.ca.gov/legal/dc_2.pdf[/url]

The quote I used above is from that CA document - Article 2.6 (page 14).

The problem is that you're in a community property state, so they are after you whether you ran up the debts or not. You CAN turn them to your EX, if you want to take that risk. If I were you, I'd just use the C&D letter to get rid of them.
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