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debt collection and divorce

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A

antsharon

Guest
What is the name of your state?undefinedWhat is the name of your state? I live in GA but the account would have been opened in TX.
Last night I had a phone call from a collector from Bank of America. They were trying to reach my ex-husband because he owes 4,000.00 to them. When I questioned them about the account they could only tell me that it was for Misc. collateral. I asked for a date when the account was opened and they would or could not tell me. They are trying now to say that the account was opened when we were married five years ago and that I am liable for the amount owed. I told them I would try to reach my ex to find out specifically what it was about. They called again tonight and this time they turned me over to the account manager. She started yelling at me that I knew what the account was about and that I admitted to having knowledge of it because they had previously recorded me. When I interrupted her to tell her that I was trying to find out what this was all about, she yelled louder at me and hung up on me.... what should I do? Will I be liable for this? Should I retain an attorney? According to our divorce decree he is liable for his amount and it is listed in the decree.
 


C

cmorris

Member
Why not give them your ex's number, or at least the address?

According to a site I found, GA is not a community property state [http://www.fairmark.com/spousal/comprop.htm]. If this was not a joint account, you are fine.

Also send a cease and desist letter. If it is a joint account, make it limited so they can't call. If it is not a joint account: send a full C & D, state that this is not your debt, GA is not a community property state, and you are not responsible. Make sure to send the CMRRR. If you wish, quote the FDCPA about harrassment.

And the SOL for open accounts (cc's) in GA is 4 years. If the DOLA is 5 years ago, it is out of the SOL. Source: http://community-2.webtv.net/YCHANGE/STORAGE/page16.html. If this is true, include this in the letter.
 
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C

cmorris

Member
Another thought...First send a debt validation letter (have your ex do it, unless it is joint account) and C & D letter. Do these CMRRR. If and when it comes back validated, use the SOL as a defense in another letter. Send this CMRRR.
 
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