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Re: Deceased Relative Obtained Credit Card In My Name.


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Posted by Linda (65.120.51.209) on February 24, 2002 at 14:36:14:

In Reply to: Deceased Relative Obtained Credit Card In My Name. posted by CK in NC on February 24, 2002 at 13:07:33:

I'm certain the debt is past the SOL in NC, and assuming the default occurred in 1993, it should no longer be reported on your credit reports. If you have been living in the same place all this time, it is doubtful anyone has sued you, but you might check with your local clerk of court to find out for sure.

The best thing to do is first to try to find evidence of the date of last activity on this account. It could be an old statement or collection notice, or an old credit report of yours or your mother's. Then you could be certain of your ability to defend yourself should anyone attempt to sue you.

Other than that, send this collection agency a validation letter - that is a demand for them to prove that the account is yours (they won't be able to of course). The purpose of this is to lay a paper trail in the event you cannot prove date of last activity. The paper trail will then be your defense if they sue you, and also you "ammunition" to chase them off for good. Send the letter via certified return receipt mail (or use USPS proof of delivery service which doesn't require a signature), and give them 30 days to respond. Then send the cease communications letter which says they have failed to validate, use the same delivery method. Then keep everything. That really should stop them cold. If it doesn't come back and let us know.

If this debt is being reported in your credit file, dispute it as "out of date".

Linda


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