Old debt

[skeletons]

What is the name of your state?What is the name of your state? Idaho

In 1999 my husband and I lived in Las Vegas (I currently live in Idaho). We purchased a pickup in August of that year. We legally separated in January of 2000, he took the truck. Our divorce was final in July of 2001. In the decree it states in two separate places that I was not to be held repsonsible for the debt or any incumberances related to it. My ex let the truck be reposessed in early 2002. Last week I recieved a phone call that there was a balance of $8,000 after the truck was sold and that they were going to try to collect form me.
Is there any thing I can do about this? My ex refuses to help. The collection aganecy has not sent me anything in writing to state what the debt is or how they came up with the amount owed. They did however tell me that if I would pay them $4000 by Sept 30 they would settle. Well I really do not have that much cash laying around.

 

[cmorris]

Both Nevada and Idaho are community property states. When it comes to collecting a debt, it doesn't matter what was in the divorce decree. What you can do is pay it and then sue your ex (using the divorce decree as evidence).

Now for something good:
Write a letter to the CA, certified mail return receipt requested, asking for validation (a computer printout is NOT proper validation). Include a phrase stating to only contact you by mail.

FYI:
Here are the SOL's for Nevada and Idaho:

Nevada
STATUTE OF LIMITATIONS (IN YEARS)
Open Acct.: 3
Open Acct.-For Goods: 4
Written Contract: 6
Lease: 4
Domestic Judgment: 6
Foreign Judgment: 6

Idaho
STATUTE OF LIMITATIONS (IN YEARS)
Open Acct.: 4
Oral Contract: 4
Written Contract: 5
Domestic Judgment: 5 renewable
Foreign Judgment: 6 renewable

Source: http://community-2.webtv.net/YCHANGE/STORAGE/page16.html

The SOL has not run out yet...But it is something to keep in mind. It usually goes by the state the debt was incurred in. However, some states "freeze" the SOL if you leave the state.

Good Luck