Help with an ongoing problem

When she helped you get the credit, did she sign for it or did you sign her name?

Also, you menion that the SOL is out on the computer. The SOL starts on the date of last activity, so if the lase payment you made was 5+ years ago then the SOL hasn't run out yet. In PA the SOL for written contracts is 6 years. But if you've made any payments the SOL wouldn't start until you stopped payments.

As far as your sister goes, identity theft is a serious thing to accuse someone of. If you do get this sorted out I wouldn't get into another situation like that again. I'm not sure what kind of action you could take, other then making payments to her. I would think that if the contracts have her signature on them, and you can show a history of payments, then you have a chance to prove that she knew about this from the start and agreed to it, but it may be an uphill road. I would do whatever you can to get her some money for the debts each month until it's all paid off.

I would also do some leg work and find the credit card company that your account was sold to. Ask them for a letter stating the account is closed. I'd think they'd have records of that sort of thing. It may be hard, since you don't have the benefit of just looking on your credit report to see what the company is, but it's something you may want to do to try and bring a little peace to your family situation and clear your name of any criminal wrongdoing.

She says she has checks from when I was making payments on my own that the pc company gave her before all this was turned over to the credit help. She signed her own papers herself for the credit help company and I signed my own papers, then those were combined into one file with the credit help company and I made the payments, as I never denied this was my debt.

When we applied for the computer it was online and she was right beside me picking out things she wanted for the pc also. She would then come to my house and use this pc. Everything was fine until I was unable to make one payment about a year into the deal. She said she would help me but then accused me of identity theft when she wasnt getting her way with the situation.

The credit card was in her name and she made me an authorized user and I was paying my share every month. But when the pc payment was a problem that one month it also made the credit card a problem and back to the she would help me out and then accused. She agreed to allowing me to skip that months payments then doubling them the next month and paying any extra fees that happened to make this right, my husband had lost his job and the company was fighting the unemployment at the time which had our benefits on hold for a little longer than was expected, thats what caused all this in the beginning.

Are you sure its 6 years in pa? I found this site fair-debt-collection.com and it states in Pa, Contracts: 4 years, (used to be six). So I was going by that number. There are other things listed but I am not sure what they mean.

My sister has no guilt in her mind. She will accuse anyone of anything. This is how its always been with her. When she was younger, she was caught doing drugs then accused the man down the road of forcing her to do them then raping her. She accused my other sibling of identity theft also on a Lowe's card she allowed her to borrow only after she was caught by my other sibling of her sleeping with my other siblings husband. There have been other accusations from her towards others over the years. Thats why this whole situation is hard to deal with. This all came about about 7 years ago when she really started with accusing everyone of everything.

This was all brought back up again with me because she wants a new car but doesnt want the payment so she is demanding almost $4000 from me by the end of April or she will "take action".

I dont have a problem making payments to her, as this is my debt, I have always admitted to it and I have tried over the years to make this right, but she never wanted to hear any of it. My concern is if the site is right and SOL is 4 years, it has run out. So if I make any payments to her personally and she applies them to this account wont it roll it back to 7 years again as a day 1 account on her credit? Then I would have 7 more years of having to deal with this, were in 2 1/2 to 2 years it should fall off her credit instead. This has been many years now I dont think I can physical do this for 7 more years with her again. The last payment to the pc company was late 2002 to early 2003.

There is just no pleasing her no matter the solutions that are out there or have been offered to her. I dont know what I can do to protect myself now. I know I want to get this taken care of but she wont accept payments only the full amount which I dont have nor can get at this point. Even though everyone has figured out she is lying about the identity theft, if she still tries to charge me with it, would the fact that she personally signed the papers to the debt help company prove she had always known about the accounts. And the paper that I hold that says the account for the credit card is paid off wouldnt that help in my favor, of proof I have been trying?

See she was given that payoff paper back in 2003, in front of my parents. She seen it and said ok she will send a copy to the credit card company. Now its 2007 and she claims she never seen them, and when my parents said they watched me hand them to her, she said yeah well there are illegal and I created it myself. So you can see what I am dealing with here. I just dont know where to turn at this point.

I would think that if she went to credit counseling over the debt she would have a very hard time saying it was id theft.

I checked on the SOL for PA, and found both. I found the site you found that said 4 years, used to be 6, but the other site I found breaks out the different types of contracts - ie: Written Contracts, Open Accounts, Promisary Notes, etc. I would call your state's regulators ( probably the banking dept) and ask them what the statute of limitations is. But remember, SOL only applies to the time a creditor is allowed to sue you.

It sucks that you have a family member like this. I would try as much as possible to protect yourself in the future.

Yes I know the SOL is for the suing factor. That was my worry and its past so now I know she cant be sued over this.

I talked with my mom today and I explained everything again, told her that I would like to make payments and allow my sister to do what she wants with the money as long as it was all in writing and she cant keep bringing this all up agian and again. My mom said she will talk with her and tell her that enough is enough and this is what she would like done to save face of the family. That she would be the one dealing with the money and then My sister cant say she never got it or anything like that. As long as she will sign a paper once everything is agreed on this maybe the best solution. My mom has never wanted to get involved but she said after years of this that this is getting out of hand on my sisters part and I have always tried to do the right thing and was pretty much ignored for it from my sister.

So hopefully this will all be able to happen, maybe we can put an end to this. I told my mom I am sorry though in the end of all this my sister has burnt too many bridges and I cant say that I will come around the family when she comes around family. My mom said she totally understands.

Thank you all for all the help. I have just been so frustrated and angry over this for far to long, but also just wanting it all to end so I can get back to my life. Just hoping my sister will agree with my mom and we can work this out with my moms help now.

I hope she agrees to it too. It sounds like a really good solution, as long as she will stick to it.

Good Luck!!!