Collectors forcing me to make a payment

Hi Muffinhomer, great to see you here.

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I have not received a summons just the threat of them sending up the chain to see if they want to pursue it. I've learned here in the Texas they can't touch the house or garnish my wages (hahah, I don't have any being a SAHM). I was only suppose to be an authorized user on this account but they are telling me I was actually on it as an account holder. As soon as I recieve a letter from them I will send them a letter back asking for validation the man told me he couldn't discuss whether they had the original paperwork as to where my signature was or anything... He was a real gem (note sarcasm). I'm hearing that my ex has claimed bankruptcy (2 years ago) and thats what has triggered all this. I never made a payment on this account or had the objects bought with it. I called the company when we got divorced since it said the debt went with him and told them to remove my name which they said they did (stupid 21 year old, didn't get something in writing). THat was in 1999 and haven't heard anything until 2004. They say the statute isn't up because he paid something before his bankruptcy in 2003... Is any of this making sense?

muffinhomer, Ask the collection agency to send you a debt validation letter. It is your legal right to know the details of the account for which you are being contacted. The laws state that the company should send you the letter within 5 days of placing the initial communication. If you haven't received anything yet, send a debt validation letter through certified mail with return receipt requested. This is your first move to resolve the matter if it takes a legal shape. The judge will understand that you were taking responsibility in clearing this dispute and the decisions will go to your favor. Keep copies documented in a file.

Since your ex has discharged this debt in the bankruptcy and you have not co-signed with him on it, you are nowhere responsible for this account. Do not make a payment agreement or sign a promissory note in any case. This might cause problems later. So, this is going to be the second point towards your defense.

Do you have the divorce decree that can clear out the trails about this debt? This document will be of high importance to prove the remaining part of your story.

I have refused over and over to accept responsibility and will continue to do so. So what I'm hearing is that I should call this company back and ask for a debt validation letter. I have not gotten anything in the mail from them so I have no address for them to request one by postal service. I do have the divorce decree but nothing that shows whose account it really was. Just that he was responsible. ANd as for files, I have a TON, I'm writing everyone's name down I ever speak to, times they call. I even have pictures of my caller ID to prove that they've called during hours they shouldn't have!!!

Muffinhomer, you can tell us the name of the company so that we can search for their address.

You can also check your credit report for more details.

I'm going to pull my credit reports this week. Its Zwicker and Assoc. and I called them back and got their address and fax number (as well as called names and many other things). I am sending a validation letter this Wednesday. That would be five days after the initial contact that I should be getting something in writing correct (I mean they've only verified my address with me 10 times on the phone). I did talk to someone that stated if I faxed him Jim's bankruptcy and my divorce decree the account would be closed. Problem is the fax number they gave me doesn't work. I'm adding to my verification letter the fax attempt receipts as well as the website to Pacer (Indiana's Court document processor) where they can get the records themselves.

Under the fdcpa laws, the collection agency must send the account details within 5 days of placing the initial communication over the phone. If they have not sent any details, you need to send a debt validation request to them. Make sure that you send this letter through certified mail with return receipt requested. This will help you in recording the dates. After the company has received your letter, they are legally required to send the details about your accounts within 30 days. The time period will start from the date they received your letter. If they fail to give you the details within the specified period, explain their failure of debt validation to the credit bureau. They will run an investigation with the company and give you the updates.

muffin, it sounds like you have a good deal of background.. did i read right that your current husband is in the military if so as a military wife do you have access to the JAG office or other legal assistance?

I do have access and once I get the validation letter and such I'm sure they'll help. But up until this point their response has just been lay low that sending anything will just put me higher on their radar (and its only been third party collections). Now that I've been contacted by an actual Law office (Zwicker) I'm going to send for the validation and cover all the bases, especially since they finally got my name right. Its been 5 days since the call (more than that but I deducted for the weekend and holiday). I have yet to receive anything in the mail. The letter will go out tomorrow with a return receipt and we will see what happens. I also haven't gotten anymore phone calls. Oh question... if I requested the validation over the phone with the initial contact are they able to start court proceedings or anything without having contacted me in writing? Just curious since I could play what they'd do without my validation letter... "what phone call". That street can go both ways!!

Once they receive the validation letter they have to cease all attempts til the debt has been validated.