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Even death didn't end my problems with ex.

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H

Haunted

Guest
What is the name of your state? Georgia.
I apologize in advance for the length of this post.

My ex-husband filed chapter 13 bankruptcy after we separated over 3 years ago. He passed away in February this year. I got a call last evening (8/26) from one of his creditors (or a collection agency representing the creditor) stating that since the BK was dismissed, not discharged, they were demanding payment from me. This is the first contact I have had about this issue. No bills or statements have been sent to me.

I asked that I be sent something in writing stating my responsibility for the debt before I agreed to any payment. This request seemed to confuse the person I was talking to so he got his supervisor to get on the phone to insult me and get rude. I hung up after once again requesting something in writing.

I realize from reading other posts that I am more than likley responsible for this debt, as I was a co-borrower on the card. According to my conversation with the creditor, the amount was $8800 when it went into bankruptcy 3 years ago. However, they say I now owe them over $12,000, but they would settle for $10,000. As far as I know my ex's payments to the trustees were current.

My question is: Am I responsible for any amount over what was originally filed?
 


Ladynred

Senior Member
Were you a co-signer on the card or just an authorized user ?? You're only liable if you were a co-signer.

As for requesting proof, you're going to have to do it in writing. it is your right under the FDCPA. Send them a validation demand letter, Certified, return receipt requested. They are going to have to produce a contract or agreement with YOUR signature on it to prove you owe anything.
 
H

Haunted

Guest
Thanks for the quick reply.

To be honest, the card was obtained so long ago I don't remember if I am co-borrower or authorized user. According to the collection agency I'm co-borrower. How could I find out for sure?

Is there a proper format to a validation demand letter?
 

Ladynred

Senior Member
You probably can't contact the original creditor on this one, if its that old.

Your best bet is the validation route, MAKE them produce PROOF of your signature on the account in question.

There are several places you can find sample validation letters. www.creditnet.com has several, you have to register there but its free. The sample letters are in the discussion area. I have found that one of those letters, combined with a questionairre-type form works best. You can get a lot of questions answered and they have to answer. Hope on over to WhyChat's site (a retired attorney) and check out his version of the validation letter.

http://community-2.webtv.net/Y-chat/WhyChatsCredit/#caval1
 

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