Help PLEASE..Joint CC with EX and she filed for C7

[tweeter3114]

My ex filed for chapter 7 and all her debt was discharged 9/2007. We were joint on a credit card but it even says on my credit report that the credit card item this was charged off. It is seriously affecting my credit when I didnt even file. What can I do?? Its still showing delinquent. Do I have to pay it off even though its already charged off? Please help. Thanks

[magyar123]

Are you sure it was a JOINT card?? And not one where you were only the authorized user?

[tweeter3114]

yes, it was a joint deal 100%

[rrockinggramma]

Because the debt was charged off, the OC has probably sold it to a junk debt collector which will add to your credit report woes. You could try calling the OC and offering them payment in full for delete. If the debt is sold, then you would have to work with the CA that bought it and either PFD or DV the debt. Because the debt was joint, and her liablity is discharged, you are 100 percent on the hook for it now.

[keepmine]

Banks are required to chargeoff deliquent accounts within 180 days. Chargeoff is just an acounting term that notifies shareholders and regulators that the debt is likely uncollectable. It does not mean that they can't try and collect.

[JRScott]

If she filed and it was a joint account then you are responsible for its balance. How long have you been divorced?

[Flamingo]

Was she your ex at the time of her filing or did she become your ex after the filing? If you were divorced prior to her filing, those debts should have been involved with your property settlement and other items agreed upon between the parties via your attorneys. Since the card was joint and when through BK, the debt you were responsible for has now been discharged throough BK and I would certainly be on the phone with the attorney who handled your divorce as to this situation because now you will have this showing on your credit for 10 years even though you did not file. You got stuck bad on this one since it was not taken care of previously.

[tweeter3114]

we were never married. ex girlfriend. does that change anything

[magyar123]

we were never married. ex girlfriend. does that change anything

No - the card was a joint card. She filed by herself. You're stuck

[Flamingo]

we were never married. ex girlfriend. does that change anything

The way you worded your posting, whoever responded initially to you though you were married. "Ex" in general terms to most means spouse. If you had clarified that for us, it would have saved a lot of questions. Anyway, the previous poster is correct - you're stuck. If you knew you were joint on that card and did nothing it's your fault and you have a BK on your credit report for 10 years; if she signed your name to obtain the card jointly without your knowledge that is a entirely different ballgame and you can get her for fraud.

[jktrading]

Check the statute of limitations in your state for written contracts. Go to google.com to search for this info. Mine in CA is 4 years from date of breach (missed payment).

After time has lapsed, send a "validation" letter to the collection agency. Again, run a search on google.com to find out what that is.

Send the validation letter certified mail with return receipt requested. After you get the receipt back in the mail from the collection agency, file a dispute as "not mine" with the credit reporting agencies (Experian, TransUnion, and Equifax). This is known as the "one, two, punch."

You can do the above before the statute of limitations on written contracts runs out, but you're bringing more attention to yourself from the collection agency who may or may not sue you.

After the SOL runs, they can still try suing you, but as long as you show up at any court date and tell the judge the SOL has run, it would be dismissed. Missing a court date would lose you any case whether SOL has run or not as a default judgement for no showing.

[Flamingo]

It appears the entire debt was discharged through the Chapter 7 BK of the OP's ex-girlfriend. The OP stated the debt was showing as charged off (I am assuming he means the entire debt) on his credit report. I don't think he has any debt to pay off since it was discharged through his ex-girlfriend's BK but has to live with the consequences of not taking care of getting his name off the card before she filed BK. I don't think you can discharge just a portion of a debt through Chapter 7 and leave a portion for the ex-boyfriend.