Is there a Statue of Limitations on a Timeshare?

[Mikki]

I'm in MI

I just received a first notice from a debt collector for an amount due for a FL timeshare (floating week-so I do not believe that there is a deed involved). I signed for this with my now ex-husband appoximately 10 years ago, but never made another payment on the balance. He paid the maintenance for the first 2 years, but nothing after that. Now over 7 years later, I received this demand payment addressed to both of our names for the total cost plus the fees. Neither of us have returned to FL, ever used it, and since has forgotten about it. So much so that it was not even referenced within the divorce decree for responsibility. Is there any allowances for the SOL on this? Would the SOL be re-established every year with the annual maintenance fees? Have you heard of just relinquishing the title back to avoid this debt? Is this possible as an individual, being that is was signed jointly with my ex. I haven't contacted the collection agency? Should I request documentation of the validity of this debt? I just want to be done with this, and walk away, but without derogatory information showing on my credit report
I know that this has not appeared on my credit report within the past 10 years. And I have not recieved any correspondance from the timeshare Company in over the past 7 years. This is the first notice from a outside collection company.

Also, I have an extremely antagonistic relationship with the ex, so he not be of ANY assistance. Please advise.What is the name of your state?

 

[seniorjudge]

I'm in MI

I just received a first notice from a debt collector for an amount due for a FL timeshare (floating week-so I do not believe that there is a deed involved). I signed for this with my now ex-husband appoximately 10 years ago, but never made another payment on the balance. He paid the maintenance for the first 2 years, but nothing after that. Now over 7 years later, I received this demand payment addressed to both of our names for the total cost plus the fees. Neither of us have returned to FL, ever used it, and since has forgotten about it. So much so that it was not even referenced within the divorce decree for responsibility. Is there any allowances for the SOL on this? Would the SOL be re-established every year with the annual maintenance fees? Have you heard of just relinquishing the title back to avoid this debt? Is this possible as an individual, being that is was signed jointly with my ex. I haven't contacted the collection agency? Should I request documentation of the validity of this debt? I just want to be done with this, and walk away, but without derogatory information showing on my credit report
I know that this has not appeared on my credit report within the past 10 years. And I have not recieved any correspondance from the timeshare Company in over the past 7 years. This is the first notice from a outside collection company.

Also, I have an extremely antagonistic relationship with the ex, so he not be of ANY assistance. Please advise.What is the name of your state?

The SOL in FL does not run when you are not in FL.





Standard answer on expired SOL and/or validation and/or dispute letters. There are thousands of posts similar to yours on this forum so I have prepared a standard answer.

SOL (Statutes of limitation are DEFENSES to lawsuits; they do NOT provide a method to stop someone from suing you. This defense means when they sue you, you answer with the defense that it is barred by the SOL.)

http://www.bcsalliance.com/y_debt_sol.html

http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

Debt settlement:

https://forum.freeadvice.com/showthread.php?t=293829