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Will paying his half charged off debt be worth it?

Date: Thu, 10/13/2005 - 09:44

Submitted by anonymous
on Thu, 10/13/2005 - 09:44

Posts: 202330 Credits: [Donate]

Total Replies: 5


My husband has a joint loan with his ex wife. Charged off Jan 2001. Last date reported is apr 2003. Divorce states that debts were to be split 50/50. Should he just pay his half and let the creditor go after the ex for the rest? We currently are stationed in Germany, so could they even sue my husband or would they probably drop it?

We have been sending post-dated checks - will the creditor use those to try and garnish his checking account?


Hi Allyson

Welcome to the forums.

Since you are stationed in Germany, the creditors cannot take any sort of legal actions against your husband as the FCRA laws are different across borders. They will be able to take any action only when he returns to the US.

However, it's better to pay off your debt as you are responsible for it. Send a copy of his divorce decree to his creditors. They will agree to receive half of the debt from your husband only.

Regards
Roxette


lrhall41

Submitted by roxette on Thu, 10/13/2005 - 10:40

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I already have forwarded a copy and they said that they will come after him for the full amount if he is the only one paying. That's why I am leaning towards paying his half and seeing what happens.


lrhall41

Submitted by on Thu, 10/13/2005 - 10:43

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Legally, the other half is supposed to be paid by his ex. So, the creditors won't be able to take any legal actions against your husband after receiving the decree that mentions about division of debt.

Also, your husband needs to be in US to face fdcpa laws. It is because he realizes his moral duties; he is paying towards his debt in spite of being out stationed to another country. Please get proper receipts of your payments made to the account for sufficient proof.

Regards
Roxette


lrhall41

Submitted by roxette on Thu, 10/13/2005 - 13:27

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Hello,

I have a charged off debt. I have received 3 offers from the credt card company. One offering me a 50% discount with a monthly payment of $40, one with a 30% discount with monthly payment of $20 and one with a $10 a month payment until it is paid in full. The entire debt is $544. It would state "satisfied in full."

I have been told that it I take one of the 50% or 30%, then the account could be sold to someone else for collection for the rest. I've also been told that it makes no sense to pay the debt since it's been charged off and will still stay on my report for the 7 years, and that if I did pay it, it would stay on there for 7 more years starting from the date that it is Satisfied in full.

What do you suggest?


lrhall41

Submitted by on Thu, 11/10/2005 - 09:59

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Hi Robert

Welcome to the forums.

You need to first see if the said debt is within the SOL period or not. You can see the SOL of the state where this account showed last activity. If the account is past the SOL period, you can't be legally forced to pay it. Do keep in mind that if you pay anything towards this account, your SOL timeframe will begin from the starting.

Your credit file will be nicely viewed if you have 'paid in full' or 'paid as agreed' statuses posted in it. Do not accept the status 'settled' in any case as this will hurt your credit badly.

In which state did your account show last activity? I will be able to suggest you more after knowing the SOL of that state.

Regards
Roxette


lrhall41

Submitted by roxette on Thu, 11/10/2005 - 10:14

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