Wife's prior debt???

[Birddog257]

From Illinois-Last night I received a call from who I initially thought was a Tele-marketer. He had asked to speak with my wife. I asked what this was regarding and he indicated he was a collection agent and that my wife (married 4.5 years, together 6) had a outstanding debt from a prior relationship, and he gave the name. I asked my wife if she new the name and initially she said she did not. The agent continued to ask me informational ?'s, I told him notify me in writing (I was a bit short with him). He started to rant & rave, called me a smart ass, and that if I wanted to play hard ball fine- he would send a sheriff with a summons. Needless to say I hung up on him. Afterwards, my wife realized what this was about. My wife was engaged a couple of years before we met to some deadbeat who could not get any credit to buy the engagement ring (nice huh). Anyway, supposedly his father & my wife applied for a credit card through the Jeweler, than this guy goes to the jeweler and buys the ring for her, she was not their for the purchase. Subsequently the engagement was broken off and she returned the ring to the father. ?'s are:
1) Shouldn’t we have known about this before now? We have bought two houses and a couple of cars, etc.. and I do not believe this debt has ever been listed under my wife or have we ever received a statement
2) This dates back 8-9 years, when would the SOL start?
3) What about the agent? He was a total jerk and used profanity. Is it worth my time to report to the FTC.
4) What should I do next? Wait for written notice or write him asking for written notice ( I have his # from *69 and should be able to locate), What else should I do?
5) Can this affect my credit

Any help would be greatly appreciated obviously this is not the type of call anyone would like to get especially from a jerk like the one I talked to!

 

[JETX]

Q1) "Shouldn’t we have known about this before now? We have bought two houses and a couple of cars, etc.. and I do not believe this debt has ever been listed under my wife or have we ever received a statement "
A1) Who is the 'we', obviously she knew (or should have known) about it. And whether you did or didn't receive a statement or notice has nothing to do with the validity of the debt.

Q2) "This dates back 8-9 years, when would the SOL start?"
A2) Typically, the SOL clock is set based on the last 'activity date'. I suggest you contact the creditor (or debt collector) and ask for a validation of the debt as allowed by the FDCPA.

Q3) "What about the agent? He was a total jerk and used profanity. Is it worth my time to report to the FTC."
A3) I don't know... how valuable is your time???

Q4) "What should I do next? Wait for written notice or write him asking for written notice ( I have his # from *69 and should be able to locate), What else should I do?"
A4) The first thing you should do is get a validation of the debt. See A2.

Q5) "Can this affect my credit"
A5) If still valid, yes.

 

[Birddog257]

Thanks for you reply. When I said "WE" I meant my wife and I.

When I asked the guy to send me the information in the mail, Is that the same as asking for validation of the debt Or must this be done in writing?

 

[JETX]

Read the FDCPA (Fair Debt Collections Practices Act) at http://www.ftc.gov/.

 

[Birddog257]

I looked at the web site and I am still not clear on asking for validation of the debt. Since he contacted me last night and I asked him to send me information in the mail, doesent he have to provide me with the information with in 5 days? Should I still try to figure out who he is from and send him a certfied letter?

 

[JETX]

Obviously, if you didn't get any contact information on them, you can't request a validation.

To answer your specific question, the validation process is two-fold. The first is supposed to be done by the collector (but seldom is), also it does require VERIFICATION of the debt. The second is REQUIRED to be done when you notify them in writing.

"§ 809. Validation of debts [15 USC 1692g]
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be
construed by any court as an admission of liability by the consumer."