I recently received a letter for a collection agency with reference to an account my ex-husband and I had together when we were married. 13 years ago, we divorced and we split the debt. according to the Stipulation he was to take care of this account. it looks like he never did and now they want me to pay. Is there a letter in here that I can sen to the CA with a copy of the stipulation. Also, the SOL ran out, right? this happened in the State of Kansas. is the SOL the same everywhere? thanks,
The stipulation is irrelevant for collection purposes, other than whether it affects your moral obligation to pay. When did your ex make his last payment? That would determine when the SOL would expire. The date of first delinquency, probably also based on that last payment, if not earlier, would determine the 7 year credit reporting period. I don't know what would happen if he were to make a recent payment, restarting the SOL clock, but they were to still come after you for the balance. You may need to address these types of questions to an attorney to know clearly where you stand.
according to the CA he defaulted in 1993. she told me this on the phone. I will consult with an attorney. what kind of attorney do I neeed? thank
If this is a credit card debt, and your ex-husband defaulted in 1993 making no further payment on the debt, it is beyond the statute of limitations. Generally speaking, depending on the state, the statute of limitations on credit card debt can vary from 3 to 6 years.
Info on the statute of limitations throughout the nation: http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml If you feel you need to consult an attorney, go to www.naca.net and you'll be able to find a lawyer experienced in FCRA etc. etc. A 13-year-old cc debt is wayyyy beyond the statute of limitations in KS.
