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pattywho
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Subject: credit card repayment
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Sun Mar 21, 2010 10:21 am
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| My boyfriend just received a demand letter from a collection company after 6 six from a credit card company that his exgirlfriend maxed out. If she was not an authorized user and it was not joint account, can the credit card company be made to show signatures of purchases to prove he did not make the purchases? We live in Florida. |
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NightStar
Joined: 10 Mar 2010
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Posts: 143
Location: Illinois
3061 Magic Points
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Mon Mar 22, 2010 6:14 am
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If he was just an authorized user on the ex-girl friends account, then he is not responsible for her debt.
If he was joint on the ex-girl friends account then yes they can come after him.
Are you saying the account is 6 years old? In some states the statute of limitations would of expired by now, he might not legally have to pay on this debt if he was joint.
He needs to pull a copy of his credit report to know for sure - how he is listed and how old the accounts is.
There are some states that are community property states, that recognize long term partnerships regardless of having been married, he needs to check with the court house states attorney office to see if these is the case.
If he is outside of the state of limitations then he needs to see if he has proof of the accounts age, like on the credit report, if he does not, he needs to request a debt validation letter from the collection agency asking them to prove this is his debt, and for them to forward a contract showing he owned the account along with a billing statement showing when last payment was made.
this way if they try to sue him after all of these years, he can take the documents to court and show proof that the debt is time barred.
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Aaron
Joined: 08 Feb 2010
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Posts: 2675
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Subject: credit card repayment
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Mon Mar 22, 2010 9:16 am
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Hi Pattywho,
As far as I understand from your query, this debt is 6 years old. In some states the Statute of Limitations (SOL) expire after 6 years. Thus, you need to check the Statute of Limitations of your state. If the SOL has expired, the collection company will not be able to sue your boyfriend. Thus, you should first check the SOL of your state.
Hope this helps.
Regards,
Aaron
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