HI I divorced in 1993. we had four debts at the time. one of them was a visa/citibank. in the divorce my husband was responsible for that account. the divorce took place 13 years ago in Kansas. I moved to Florida 7 years ago. Two days ago I received a collection letter on my ex-husband's name at my address in Florida. supposedly he never paid it and now they have tracked me down. I explained to them that he got this in the divorce. They said that i'm still responsible. I told them it's been 13 years. they said I'm still responsible? am I? I'm planning to try and obtain a copy of the Stipulation and Property Settlement Agreement in which state who was going to be responsible for what debt from that day forward. please help. Maria
I forgot to mention that this account does not show on any of my credit reports. Also, the letter came regular mail. thanks, Maria
Unfortunately, a divorce decree is not binding on creditors. What would have to happen, is if you paid them, you would have to turn around and sue the ex. What is not clear, and is probably not clear to you is when did he stop paying it. Since its not on your credit report it may be more than 7 years old, and he never paid it all. If so, after 13 years, the SOL would have expired. However, it could also be that your husband DID maintain the count for some time, then quit paying, and it might NOT be out of SOL, and the OC just never chose to report the account on your cr (it is voluntary) Since they mailed the dunning letter to him at your address, I suspect its very old. In this case, I would recommend sending a dispute/validation letter to the CA. See if they have any proof. If you are on any kind of "decent" terms with the ex, you might try to find out when he stopped paying it.
I was told that he defaulted in 1993, that is the year my divorce was final. I can not contact him because I do not know where he is. Should I sent the CA a letter? or should I wait to see if they contact me again. In the meantime I"m going to try to obtain a copy of the Stipulation. I have copies of letters in which my attorney tell my ex-husband's attorney that he was responsible for this debt, etc. thanks, Maria
Who told you he defaulted in 1993? Was this the CA? If so, then figure SOL, and 7 years CR reporting, both from that date in 1993. Notify them in writing, CRRR, to Cease and Desist all contact. Include in your letter that you are unaware of, and dispute the debt, but since they have indicated the debt defaulted in 1993, it is both past SOL and cannot be reported on your credit reports. Keep a copy of your letter, and the delivery notification, and if they contact you again, you have a violation of FDCPA.
