| old judgement/collections What is the name of your state? MA
I'll try to make a long story short!
In 1994 my husband purchased a truck with his wife (now X-wife). He had cosigned on the loan with her. When they divorced she had the truck and agreed to pay it. He had moved to FL. She stopped paying, gave the truck back- he was not aware of any of this as he had moved away. She made payment arrangements (to pay the balance after the repo) of 30.00 a month, then said she couldn't pay anymore then filed bankruptcy. Over the years they court ordered a judgement against him(in 1997), and issued a capias. Now in the docket it has him listed as being served at HER address that she resides with her new husband. So for the last 7 years she's been keeping the mail and never notified him, the court or collections that he didn't live there and hadn't been notified. All contact through the court and the collections attorney have been through her. They have never spoken to him, or sent any information to an accurate address for him until now. This is not listed on his credit- they are threatening to put it back on. Now the debt that started at 4k is 10k and they want us to offer them a settlement and fax it over (which would be agreeing to the vailidity of the debt and not something I'm willing to do). Any advice? The last payment that she made was 2002, since they never spoke to him would the SOL be in effect for him? Or would her last payment negate the SOL?
Any help is greatly appreciated. |