|
|
Past SOL, but NCO is still trying....help! Why Chat?
[ Follow Ups ] [ Post Followup ] [ Credit Forum Index ]
Posted by Barbara (65.241.112.83) on September 25, 2002 at 14:43:09:
We are finally past the SOL for all of our debts. I am the one whose husband is on SSI, there is a 2-yr.-old default judgement on me (only because I didn't have this wonderful forum to help me at the time!). BUT....NCO has been sending letters this past year...one in February, another in July, and now another this month, requesting payment. I answered their other letters saying I didn't recognize this account as my husband's, and of course, didn't receive responses to them. Now this debt is time-barred, the SOL ran out on August 22, 2002. My problem is that the only proof I have is a statement from the original creditor that was due 1-21-1998, covering a billing period from 11-29-97 thru 12-28-97. It says that my payment is "seriously past due". I am afraid that this statement would not be enough proof in court if they decided to sue my husband. I still have not checked his CR because I don't want to stir up the other CA'S. Living in Missouri, I do not want to have to try to fight the SOL thing in court. So far, everyone who has requested payment has left us alone after I responded to them. But NCO is persistent! So, I have two questions: 1. Based on this information, should I still send the SOL letter and hope they won't make us prove it at this time? Or would it be better to try to have them validate, and have them give me the information I want (out of SOL), although from reading many other posts, they probably won't validate properly? 2. The original creditor statement has both my and my husband's names on it, but the NCO letter has only my husband's. Would that mean that they are only requesting payment from my husband, and would try to collect from him alone? I do not remember signing my name for this credit card. If I were an authorized user, could this be why the original creditor statement listed us both? This is important because of the "tenancy in the entirety" thing is Missouri, in case they should seek judgement. If they sued both of us, our home might be in jeopardy although we still are under the amount for homestead exemption now. Thank you so much for all you have done to help us. You have been such a blessing to my sanity through all of this, Why Chat. Barbara
Follow Ups:
Post a Followup
|
