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.
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.
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.
Aaron _________________ Keep in touch
Tue Aug 05, 2014 1:42 pm
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Your personal details (name, email address and phone number) will be delivered to the company advertised on the Creditmagic after ve agreed to go for the counseling session by filling out the no-obligation form. However, it is your discretion to accept or reject their services.
Not all the creditors/debt collectors agree to trim down the outstanding balances, interests, and fees payable by the consumer.
Consumers working with the debt relief companies can still be sued by the creditors/collection agencies.
Debt relief services may have a diminishing effect on the creditworthiness of the consumer. The total outstanding balance may increase as the additional fees get accrued.
The overall amount saved by the consumer through the debt relief services is considered as taxable income by the IRS.