Robert
Irvine,#2Consumer Suggestion
Thu, January 31, 2008
The first thing you have to know is that in the real world of banking and credit cards divorce decrees mean absolulty NOTHING. Since the creditor is not a party to the divorce they do not have to be bound by it. So as long as it was your account you are responsible. If you did have a divorce decree that states your ex is responsible but failed to pay, you would have to pay the creditor and then go after your ex in civil court to get your money back. Now, you didn't exactly say when the account was charged off. But it can only be reported on your credit report for 7 years from the date of the first delinquency. So if it was removed in 2007 it sounds as if it is past the 7 years. The second time you have to know about is the Statute of Limitations. This varies by state but in Texas(which I think is your state) the SOL is 4 years from the date of last delinquency. As long as you or your Ex did not make a payment in the last 4 years they can no longer legally touch you. Just because a debt is past the SOL or off of your credit report does not mean that they can not attempt to collect. For this amount of money you can expect that you are still going to have debt collectors contacting you on occasion over the next several years. The only thing you can do is each time send them a Cease and Desist Letter by certified mail stating that the debt is outside of the Statute of Limitations and they are to no longer contact you about it. Also, be sure that your Ex does not pay it if you are past the SOL or he could cause this to be reset. At which time you would then be responsible for the entire amount again. You still need to verify the exact dates of the last payment by either you or your Ex. Also, if you lived in another state when you got the credit card and it has a longer SOL the creditor can use that one instead.