Sunday, August 22, 2010

Does my husband have to pay a debt from 1993?

Someone has recently been calling saying my husband owes them $2,000 from 1993. This is a debt he would have incurred 15 years ago when he was married to his 1st wife. He says he honestly doesn't remember the company and there has never been anything on his credit report. If this turns out to be a real debt %26amp; not a scam, does he still have to pay it 15 years later? Why are they just now coming out of the woodwork?Does my husband have to pay a debt from 1993?
check out this website www.bcsalliance.com Look at debt and statue of limiations. If it's past the time frame for your state, what has happened is a scavenger collector bought the debt from another collections agency and they try and see if they can trick you into paying....Have you run his credit report?? Does it show on the report?? Run all 3 bureaus at www.annualcreditreport.com....run them annually..you're allowed one from each bureau each year. If it doesn't show on either one...it's probably past the SOL...and even though he still owes it....it's time barred from suing him. They might be coming out of the woodwork if he has recently financed something new and they got his current address and phone#, who knows..they do what they call skip tracing, can even call neighbors to see if you live next door.....hard tellin' If the SOL is past and is time-barred..don't answer the calls, eventually they will stop..or pick it up and tell them they have the wrong #..they can't sue, and if they do and he admits the debt....they will try to take him to court and get a judgement, but...because it's time barred, he'd have to show in court and tell the judge it's past the SOL, and it would then get dismissed.


Good Luck!!Does my husband have to pay a debt from 1993?
It could be a mistaken name thing, but it might be legit. Yes, if it is his debt, he is responsible for it until it is legally charged off. But the company has to prove that it is his.





Call the company and have them prove that the debt is his. Don't give away key information, like his SSN, cause they can use that to put it on his credit report.





Make them prove it. They could just be hunting for a guy that has the same name as your husband. If it is not on his credit report (all three agencies) then it looks like he is in the clear.





Don't agree to pay it back and don't agree that it is his debt until the company can prove it.
Statute of limitaions(SOL) are usually 3-6 years starting from the date of first delinquincy depending on where you live. If you were not served legally during this time frame, they have no case. Note the SOL does not apply to child support, student loans and/or any federal tax liens. If it is a phone bill or a credit card bill, then they have no leg to stand on. The SOL was put into place to esnure no one comes after you decades later. Note that they have to legally serve you in the time frame or make an attempt by taking out a newspaper ad or something. They obviosuly cant prove it so it wont happen.





Also, nothing negative stays on your credit after 7 years of first delinquincy. NOTHING resets that period. It is probably a visa bill or a utility bill that was reported delinquint by the original credit card company or utility company in 1993. 7 years later it doesn't matter. Check your state's SOL on the URL





http://www.ihatedebt.com/DealingWithYour鈥?/a>
this depends on the state you are in. Look for statue of limitations for debts under your State name. It is unlikely that this can be collected on. Even if it was a written contract it is around 5 years that someone has to collect.





Of course if it is money your husband owes someone then the honorable thing to do is to pay back ones debts whether they can be collected on or not.
Federally guaranteed student loans are forever. A debt that has already gone through court and become a judgment has a time limit, but can be renewed, so it's almost forever. If they have a lien on a house, they can enforce the lien forever. Other stuff, not a chance. There's no law that says they can't all and ask.
Not sure where you are located which might make things different, but in Canada, unless its the tax department, you have 7 years to launch a claim for an unpaid debt. I believe its 7 1/2 years in most states. Check the statute of limitations rules where you live.
Hi,


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My guess is this is a scam. Why?





Your husband doesn't recall anything about anything like this; this is such a cut and dried amount, $2,000?! (looks kinda slimey to me!); and if there was any record of this, why didn't it come out a lot sooner than now?!





First, have him call the police in both jurisdictions to alert them of a possible scam alert, this could also be a criminal ring posing as some sort of credit repair recoverers and extortion could be involved,


Second: have him call the 3 credit reporting bureaus and have at least a 90-day fraud alert put on his credit record;


Third; Contact that County court where he used to live and they can advise him as well as the police as to how to handle this.





Why do I think it's a scam?





Simply this, IF your husband had any debt like that, why didn't it surface before now? Why didn't his ex bring it up before now and Why hasn't anything shown up ON his credit report before now!?





ALSO, if they are simply calling your husband, he can always just tell them to ';send me copies of the paperwork where this is supposedly my debt and I'll have my attorney look it over'; . That way, he'll have some proof to show the police in writing and my guess is these clowns are up to no good totally!
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