Ex-husband - FICTICIOUS CREDIT CARD

[Camelot]

What is the name of your state?What is the name of your state?N.C. I was divorced in May of 2002; seperated 1 year prior. It was a simple divorce - no division of anything as I only wanted out. After being out of his life for over 3 years now, he is trying to have a civil suit against me for a credit card I never heard of. Need info. on statute of limitations for this and what do I do. DESPERATE

 

[blameshifting]

What is the name of your state?What is the name of your state?N.C. I was divorced in May of 2002; seperated 1 year prior. It was a simple divorce - no division of anything as I only wanted out. After being out of his life for over 3 years now, he is trying to have a civil suit against me for a credit card I never heard of. Need info. on statute of limitations for this and what do I do. DESPERATE

What do you mean by he is "trying to have a civil suit against me"? Has he actually filed suit against you or has he threatened to file suit against you? No division of anything? What does that mean, just because you just wanted out doesn't mean debts and assets aren't divided up somehow.

What, exactly, is he accusing you of? Vague references to "a credit card" are rather useless.

For example, you could say:

Separated in May 2001
Divorce final in May 2002
Ex-Husband is accusing me of opening a Sears credit card in June 2002 in both our names and running up a balance of $1250.56 and has not been paid since March 2004.
I did not open this account and have never used this card.
My ex-husband is threatening to sue me for $1250.56 plus damages to his credit

 

[Camelot]

I did not fight over the house or belongings. I simply wanted out for very valid reasons. I believe the man that called was from a collection agency. We never had joint accounts - not even banking. The credit card in question is one I have never heard of. My main question is after being divorced for over 2 years and seperated 1 year prior, can he do this? Isn't there a time limit on issue of this matter??

 

[blameshifting]

I did not fight over the house or belongings. I simply wanted out for very valid reasons. I believe the man that called was from a collection agency. We never had joint accounts - not even banking. The credit card in question is one I have never heard of. My main question is after being divorced for over 2 years and seperated 1 year prior, can he do this? Isn't there a time limit on issue of this matter??

3 years from date of last activity

Go to creditnet.com for further advice on dealing with collectors

Next time you get a divorce make sure you pull a credit report on both you and your spouse to find any outstanding credit accounts that might come back to haunt you.

Or even better, get an attorney involved next time.

 

[Camelot]

Well, it's been long over 3 years. Thanks for the advice.

 

[bistro]

First of all, if you are sure you aren't listed on the card as an authorized user or that you did not sign the credit card application, you can demand that proof of your liability be sent to you. Insist that valid documented proof be sent to you. Even if you are sent proof, make sure any signatures are yours and that your name was not forged. If forged, contact the securty department of the credit card company and file a written dispute.

Do not send any money, regardless of reason, to anyone, related to this debt, as that can be interputed as acknowledging liability for the debt.'

Get the address for the credit card issuer and send a letter disputing you obligation. Have a credit report sent to you to see if this debt is listed, and if so, send a dispute letter to all three credit reporting agencies. State that this is not your debt, you did not request this card, and that you are not liable for these debts.

The credit reporting agencies have 30 days from receipt of you letter to send the dispute to the credit card company, and they have 30 days to reply, and the agency has another 30 days to reply to you. So, expect 90-120 days before you receive anything back. You may however, see the item removed from the credit report during the dispute, but it may reappear later.

Disputing this with the credit reporting agency is the most important part. The collection agency does not care what you say. Until, they are told by their client that the debt is invalid, or recalled, they will pursue it.

The statue of limitations: Open account: 3 years, NOTE: Each payment renews the SoL on all items purchased within the 3 years prior that payment. If no payment is made, the SoL runs from date of each individual charge. Contracts: From date of breach or default, unless waived or performance under the contract is continued.

If it has been 3 years then there is no legal recourse for the agency, but they can still try to collect. It is up to you to know that you can not be sued for the debt, but it can still be reported on your credit report.

If you were not liable for this debt, then clean up your credit report and don't worry about the collection agency.

 

[Ladynred]

They have been apart for 3 years and the EX opened this account AFTER they were separated. So the 3 year SOL may or may NOT have expired. The date of last activity is needed to know for certain.

If you signed nothing, then you have no liability, but I WOULD suggest you consider the possibility of identity theft and pursue it. Demand the collection agency prove it and also say that you may be the victim of identity theft as you have NO KNOWLEDGE of this account.

You really do need to attack this at its source - the creditor. Where did this cc come from, whose name is on it, when was it opened, what and WHEN were the transactions made, etc., etc.