Newbie have questions

Discussion in 'Credit Talk' started by granger, Jan 10, 2012.

  1. granger

    granger New Member

    My husband had a citibank credit card with his ex-wife 22 years ago. She filed bankruptcy in 1990. The account was charged off and went into collections. We got notices from several different collection agencies (bought and sold) for 5years after. We have heard NOTHING about this account for over 12 years. Asset Acceptance has been calling (caller ID) but has not left any messages. Husband answered the phone yesterday and basically told them this debt had been taken care of. They are requesting that he provide proof to them within 30 days that the debt "has been taken care of". We have no proof of anything. Where do we go from here? I have read that they must provide us something in writing that we owe this debt within 5 days of their initial contact. Is this true? Has he opened up a can of worms for answering the phone? Should I send them a letter requesting validation? The account was probably joint with his ex-wife. Should I just tell them that his ex-wife included it in her bankruptcy and we consider the matter closed? Should I tell them up front that the statute of limitations has expired on this debt. These people are very sneaky. I don't want to stir up trouble for us. We do NOT have the $17,000 that they told hubby that he owes. Any advice would be appreciated. We also have 4 citi card accounts current as of right now. Steller credit and scores in the low 800's. Not a single black mark on our credit for the last 10 years. Any advice would be appreciated!! Thanks!
     
  2. Heather L

    Heather L Well-Known Member

    Did your husband file bankruptcy with his ex wife in 1990? If it was a joint account and she was the only one that filed bankruptcy then I think the creditor or CA can still try and collect the debt from your husband because it a joint debt. I would maybe speak to a bankruptcy attorney and find out for sure. Thanks! Heather with BoostMyScore.NET
     
  3. naomibatac

    naomibatac Member

    Based on my experience with Citibank, they transfer my overdue account to different collection agencies as I have been receiving collection letter from different agencies. I was able to settle my account directly with Citibank and yet after about 5 years, I received again another letter from a different collection agency. I asked Citibank about it and said not to bother since the credit card debt was already settled. They explained that sometimes these collection agencies are not able to erase from their records settled accounts and when they update their file and see these accounts, they will try to collect again. Maybe, you could also ask Citibank for any information on that account so that you can have proof of settlement before you seek the assistance of a lawyer.
     
  4. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    The SOL has expired - that's what I would tell them. Even if they do have the right to come after him because it was a joint account at some point in time, you have an absolute defense and they can't legally collect the debt. This isn't showing up on any of his credit reports as a collection, right?
     
  5. granger

    granger New Member

    This account has never shown up on our credit reports. Right after we were married 17 years ago had the same type of thing happen. Collection agency sent paper work stating we owed $33,000 dollars on 2 accounts for 1st National bank credit cards. I called 1st National and they did find the accounts, sent a letter to him stating the accounts had been charged off (again ex-wife debt but husband had no knowledge of them), and the statue of limitations had run out therefore making the debt uncollectible, so I just forwarded that on to the CA and never heard from them again.
     
  6. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Glad to hear they're not showing up on his reports. I would just send them a letter and say the debt is beyond the SOL and was charged off and included in a bankrupcty in 1990. My guess is they'll leave you alone after that.
     

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