Right to pull credit report
Ok here is the deal.
All this happened before we were married.
Wife has a credit card it goes default years go by and now she is married to me and a collection agent called me today and left a message saying he pulled my credit report.
Is this considered fair? I have no business with this company what so ever, only my wife has an old account they just bought.
Sounds weird - but do you live in a community property state? When you married her, you also "married" her credit - in a community property state.
I understand I get her credit woes. But I do not see how a collection agency can pull my report, call and harass me for something that happened years before. Well so what if they want to harass me but I need to know if anyone know is the FDCPA says anything about this.
Thanks for your help...
BTW Yes we lived in a CP State and now live in another CP State.
I guess what I mean is this:
I know a CA cannot talk to someone else about a debt other than the debtor. So a CA leaving a message about my wife owing money and pulling my report seems wrong. This is not a joint account or something established while married.
I guess I just don't get it. Am I now considered the debtor? if so then why do they not put this stuff on my report? Because that would make no since. just like pulling my report.
Thanks again anyone...
Do you know for a fact they pulled your credit?
It could be they are just yankin' your chain to get you to cough up some dough.
My bet is that it's hot air.
You might be responsible for paying on community debts, but unless you're on the account, it shouldn't show up on your report.
Get copies of both your reports and see where you both stand before you talk to the CA again.
I agree that this is possibly just a "bluff" tactic. It is legal for a CA to "speak" to a spouse about a debt once, but the intended purpose of this action is to locate the debtor spouse, and relay attempted communication.
Originally Posted by ccbob
The CA cannot "legally" pull your credit report, you do need to check your credit reports to see if the inquiry was a "hard or soft" pull. A "hard pull" counts against your credit score, and can be viewed by anyone who pulls your report. A "soft pull" doesn't count against your score, and can only be seen by you. If they pulled your report, my guess is that they made a "soft pull", this way there are no "damages", and you less grounds for legal recourse.
But your wife needs to go through the process here; first request "Debt Validation", sample letters are here on the board; ccbob has an excellent "short form" letter that is perfect. Find out if the debt is past the "statute of limitations" for legal action in your state.
Perhaps most importantly...do NOT erase the voice mail message regarding them pulling your credit report!! They are not allowed to do this legally, so hang on to that message!
A few more questions:
We have moved to another State. Is the SOL from the State she got this credit card or the state we now live? If' it's the old State I am pretty sure it's past the SOL but if it goes by the new it is not.
The CA however does not know we live in another State as her voicemail said.
It would go by the state you reside in now. This may be why the CA pulled "your credit report", looking for a more recent address!
Originally Posted by losercore
I would double check your state's SOLs, they are usually listed on your state's website under "Consumer and Debt" categories.
But, be aware that a debt being past SOL for legal collections recourse does not mean they cannot attempt collection. The basis of SOL is as a "legal defense". This means a CA can still take you to court, and you must raise the defense of debt being past SOL. No one else can do this for you.
However, making a CA aware that you would raise this defense usually stops them from further collection activity. So then they sell the debt to another CA, and the process starts all over again....
Thank you so much. So the SOL starts from the date she last made a payment right? Not the chargeoff date?
Is this correct
Thanks again you are a bunch of help.
The SOL starts from the date the account became deliquent, AND was never brought current. This date can be different than the "last payment" date, (i.e you made a payment but the account was still behind).
Originally Posted by losercore