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I recently received a debt consolidation loan went through my credit and paid everything off. taking into consederation my ex husband used my social in three states to get utilities and never paid them. now that everything is paid all of the sudden people not showing on my credit are calling and saying i owe them money this is things some over seven years old. how do i rectify this problem and if i didnt do it how do i get it removed
First of all I would not pay anyone that is not listing on your credit report. Secondly I would ask them to validate the debt. Now depending on what state you are in the Statute of limitations may apply, especially to those debt s that are alot older. I would not advise paying any of those debts because if you do you will restart the SOL (statute of limitaions) time clock. I do not know if you are familiar with how the SOL works but its a certain period of time, depending on your state, in which a creditor has to sue you. If your debts (or your ex's) is past that SOL and they do sue the debt collector can not win in court. Could you let us know the state you are from?
Definitely DON'T pay them!!!!! If they are fraudulent, you need to address each company separately. Ask THEM what to do, the contact the FTC to report it. If you can justify the fraud, they are barred from reporting it.
Doc Why do you suggest she ask them what to do? Wouldn't they give her a big line of BS? I know I would never pay an unvalidated debt or one past SOL. These debts being over seven years old surely are past or near SOL she should not pay for them regardless. I still would try to show them as fraudulent but how does she do this ? It would be better to get them to be barred from her report.
If she never lived in the states that the debts were accrued in, and could prove it, that's typically enough.
Additionally, if the account was never paid on, that's one thing, but if any payment was EVER made, find out who, and with what account. If there exists no signature on those payments, or if they are drawn from an account upon which she was not an owner or signer, the rest is really pretty easy...
Utilities are generally pretty easy to deal with, because they don't generally require signatures.
Any lawyer will tell you that "no signature" = "no debt". That's Law 101.
Sounds like a problem we had to correct a few years ago. Mom-in-law used hubbys name on an electric bill...used address from past bills to show that he did not live there at the time plus his payroll dept. showed his address on check stubs and he had been there for years. They had the same name. Oh the headaches we had wiht old taxes and credit cards. They took a long time to straighten out and get off the report. I think you gave some really good advice in your above post. Hopefully she has some type of documantation to prove she lived elsewhere but who does she show this proof to to get it removed?
You must think know who to pay your dept so that if ever you will need an urgent money again you can lend on a loan again.
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Hi Singlemomof3
Since you are sure that you have already paid off the debt in full, you need not worry about the calls. You should check out your credit report to find out whether the creditors or the collection agency who is calling you up, have listed the debt in your report or not. If they have listed the debt then go for debt validation else you need not. Even if they have not listed the debt in your report, you should send a debt validation letter if they send you a validation notice within 5 days of calling you over phone.
Since the debts are not showing in your credit report, you should not pay them until and unless you get it validated. Now, since the CAs do not show in your credit report, there is no need to get it validated right now. A proper validation of the debt includes a copy of the original signed contract which you have made with the original creditor and the proof that the OC has sold off the debt to the collection agency.
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credit
HEY, DOC!!..........you said, " no signature, no debt." Sometimes when you do things over the Web, you have an E-Signature. Is this really CONSIDERED a signature? I mean, you din't sign it YOUSELF..know what I mean?
credit
hey, DOC...............is there anything else you can suggest to improve my credit. I am going to start that Applied CC soon....the one on your website. Can't wait!! They have an 'account' I can keep adding money to until I get the $200.00 they are asking for, to 'activiate' the card. Do you have any suggestions about the 'E-Signature thing ( above post).
Did you find the Applied CC a good place to start SD? I will have tocheck it out. In the meantime will you keep us updated as to how this works out for you. Everyone around here mostly knows you pretty well so if its working for you let us know. OK?
insurance
No.., not yet. I was planning to open an account with them last week. However....I've a few small 'financial' set backs, so..next week I should get a little money to start the account with. I sure will let ya know, though!! You bet I will!! I pretty excited about this!!
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