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Help for an old friend--ME please

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tammy8

Senior Member
What is the name of your state? NC

Sorry this may be a little old but a lot of weird things about this. Also I *know* enough about debt collections to be dangerous so no tomatoe throwing please.

I got divorced in 1993. Ex was supposed to pay for XXXX credit card (I know I know that divorce decrees are not a part of debt collections but they used to be a million years ago, or atleast the cc companies went after the right people). I cancelled the card as soon as the divorce was final and it seems as though the cc company sent a new card to ex husband at some point, not exactly sure when since the old cc company has been sold several times over and over(again this was back before the internet and people actually be allowed to *knwo* things) that was a joint account.

He defaulted on it around 1995 and in 2000, a collection company came after me, as if it was a individual account. I disputed it and *supposely* the law firm didn't get the dispute (I know I know use return receipt but back then I didn't know to). So a *judgement* was filed. I went to an attorney who suggested I dispute it again and also send a letter to the local clerk of court.

After I sent that letter, not only disputing the debt but also informing them that the orginal account was joint instead of individual, they stopped calling. After that on my credit report, this company showed up as adverse credit but it also showed that the account was closed, paid as agreed on and also paid in full. This has not even showed up on my credit report the last 2 years I have pulled it (no adverse credit at all).

On Firday I get a letter from C redigy Services Corp stating that I have an outstanding judgement and you know the drill, 30 days to dispute.

So any advise on how to handle this? I do hope to be able to get over to the clerk of court this week and try and pull anything filed with them back in 2000 but from there I am not sure.

The thing that pi$$es me off the most I guess, is that when the orginal judgement was filed, I would have agreed to pay off half of it (at the time around my half would have been $1500 but that law firm kept insisting the account was an individual account and they refused to go after my exhusband at all) if they would have attempted to even try and contact ex. I know he had defaulted on other things and I guess the company figured out that I paid my bills****************************...PLUS I DIDN'T SPEND A DANG PENNY ON THAT ACCOUNT but back then I was too young and dumb and uninformed about protecting myself with credit issues!What is the name of your state?
 


seniorjudge

Senior Member
Start with trying to get the default judgment set aside.

I cannot offer you much hope after all this time, but that is the place to start.
 

Chien

Senior Member
SJ is right, of course. I’m only appending because an exceptionally long time has passed, if you knew about the judgment in 2000-2001, but SJ’s advice is what the attorney should have told you then. While I wouldn’t be optimistic either, there may be some esoteric NC “reliance on advice of counsel” exception that could get you past the time-bar, if you could prove it.
 

tammy8

Senior Member
Thanks both of you! I am going tomorrow to get a copy of the judgement.

Another quick question, can a judgement be placed on an individual for a joint account, especially if the individual was the secondary name on the account?
 
Yes. A firm can elect to file suit against one or both parties on an account. Usually, they would file against both of you unless they are unable to perfect service on him or if he has no assets.
 

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