• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Ex wife filed Bankruptcy

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Tinaduncan74

Junior Member
What is the name of your state?What is the name of your state? AR

For the last 2 months I have been recieving harrasing and threating phone calls at work. They are concerning a credit card debt that belonged to my husbands ex-wife. They have been divorced since 1997. She had opened this credit card account without my husbands signature but because they lived in FL at the time (Common law state) he is said to be liable. The problem is that the charges on the account occured at least a year after their divorce, totalling around $15000.00. She has since then, around two years ago, filed bankruptcy on this account. So they are coming after my husband (me). They have not spoken with my husband concerning this account, they usually only call me at work. We have recieved nothing through the mail. All contact has either been on the phone or faxes. The only contact including my husband was this past friday they faxed a letter to his job stating that he had an account past due owing $24,000.+ we were unaware that they were going to send this fax. But now his whole office , a small one but, knows his business. They even call MY parents telling them that it would be in MY best interest if THEY would pay the debt. They told my parents since they had good credit they could just put it on a credit card. My question is are we still liable for a debt that was filed bankruct on even if it was some one else?
 


Ladynred

Senior Member
First of all, FL is not a community property state. That being said your husband is NOT LIABLE for the debts of his ex-wife !! They are putting pressure on you - or anyone, to pay on something he as NO LIABILITY to pay.

Their discussions of the debt with ANYONE besides the person who incurred it is a violation of the Fair Debt Collections Practices Act (FDCPA).

Further, if the last time any payment was made to the ORIGINAL CREDITOR was more than 3 years ago, the debt is time-barred per AR statute and they can't MAKE him pay anything even if he were liable - but he's NOT. The ONLY way they could come after him is if he was joint on the account - period.
 

Tinaduncan74

Junior Member
Thank you for your input. I have sent a CRRR debt validation letter. I am awaiting a reply. We have always been one to pay our bills on time and this really had me worried. It helps to hear someone agree with what I thought. I live in a very rural area of Arkansas and was not getting any response from local attorneys. Again thank You.
 

Tinaduncan74

Junior Member
Still going

I have recently moved to GA

to update on this situation I did not ever receive any thing Back from Triton Capital the collection agency I spoke of in this thread. But June 2005 I received a letter from a new collection agency stating they had taken over Triton's collections. So I resent a letter of dispute and a request of validation to this new CA. Again no response. Since then we have sold our home and moved from AR to GA. Friday Nov.4 I received another letter so this makes the third company in less than a year. This new CA is located out of Florida where the original debt was accrued and where the ex-wife still lives. My question is this do I just keep sending these letters or is there a way to stop the collection all together being no was has validated the debt as of yet.

Another question what is the SOL in GA?
Thanks you for any help you may offer
:eek:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top