Afni trying to collect on 9 year old debt that is not mine

They made an inquiry on your CR to find out your current address, etc. As to your other question, just wait. They are under no timetable to respond. The FDCA says that they can simply not respond at all, as long as they cease collection efforts. It would also seem to me that this is a case of ID theft. But check with your state laws, there are statutes of limitations on criminal acts as well (except for murder). I would still use the ID theft defense though.

ok, you did the right thing by demanding validation. here's where it gets tricky--if they send you validation, you need to carefully review it. When the account was opened, if your signature does not appear on the documents, then you are not liable for the debt. You stated that your ex-husband did this after you divorced....that is the key. Since you two were already divorced, there is no loophole they can use that would make it your responsibility. If you two were still married, they may be able to go after you in some states, but you were already divorced.

If they do validate, review it all carefully. If they still want to press the issue, respond with documentation of the date the divorce was finalized. Prove to them that your ex did not have the legal right to speak for you in regards to opening any account anywhere. That makes it clear that they are going after the wrong person. The problem is that many CA's arent very good at listening to any sort of reason. Truthfully, you have a slam dunk case, but it would be far easier, I think, to use it in court than it would by directly speaking with the CA. They only see your name and address on a computer screen and the only thing they want is money. They dont care where that money comes from as long as they get it.

Your best bet at this point is to give it some more time and see if they reply. Their response, or lack of response, will help to determine what you can do next. Keep us informed.

The other issue, of course, is the fact that this debt is now almost 10 years old. It belongs to no one at this point. afni can try to collect on it forever, but from everything I have read they are time barred from suing on it. I was divorced from my ex-husband in August of 1997 and left the US two days later to hide from him. I did not return until 2001. From what I was able to gleam in speaking with Afni and Verizon, this debt was incurred in 1998, impossible for me to have done so, I was living overseas, could not have had nor would there be any reason for me to have phone service in NJ when I was living in another country.

Yes, law student, you are correct, I conceivably could or should have done something about the identify theft issue, since my ex also had his girlfriend forge my name on documents to sell my house. But as I stated before, I will do nothing, nothing, that will put me in a position where he can find me. I am afraid of him to this day, and I will do nothing that could possibly initiate any contact or anything that would let him know where I am. That is just the way it is, lots of women know exactly what I am talking about.

wow, very sorry to hear that this was that bad. As for the age of the debt, there are a couple of factors to consider. First, the state that you live in, or in this case, the state that the account was opened in. Each state has its own law regarding statute of limitations, I would do some checking on your end to see what applies to that state. If you are ok posting the state you used to live in on this forum, I will be glad to look it up for you, if not, its no problem I understand.

SOl is also affected by the activity on an account. I can only assume that since he did this fraudulently, that he did not make any payments on the account. The SOL is a funny thing--your debt could be 20 years old, but if you send them $5.00 it restarts the clock and the debt becomes current again. Also, in some states, the SOL is put on hold if you move out of that state, and will pick up where it left off if you move back there.

The problem with your situation is this--you must wait for the CA to make its next move. From personal experience, I can tell you that, while you have a very valid defense against this debt, many CA's and creditors require you to file a police report if you are going to claim identity theft. I know that you dont want to do that. The trick is going to be getting the CA to admit that it cannot prove that you opened the account. If they validate it, you can show that the signature isnt yours. If they dont, they are not allowed to try to collect anyways.

If they respond with proper validation, I would reply to that by sending them proof that you did not even live in the country from 1997-2001. Along with that proof, I would demand that they leave you alone concerning this debt, since it is obviously not yours.

There is a 3 year statute of limitations in the state I now reside in. I have no intention of sending afni one thin dime. This is not my debt. Let them take me to court.