Stopping in to say hi and I have a question...

[tinroofrusted]

My father got paperwork from a lawyer's office today for a debt that is listed to him, but not under his legal name, and is nearly 8 years old.

We are already aware that an ex-girlfriend of his years ago took out a couple of credit cards in his name, and we have all the paperwork from when that went to court.

So my question is, should I simply send a validation letter with a request for signature, or should I send a validation request, along with paperwork showing that he is not to be held liable for debt that is not in his legal name? (Especially when I believe that the statute of limitations on this is all but past since it has been so long ago.)

Thanks in advance for any advice! I was not quite sure how to handle this one, and thought I would turn to some old friends here.

Tin

[lrprn]

Tin, great to see you!! Hope all is well in your newly married world!

What state was your dad living in eight years ago? (So we can check what the statute of limitations actually is.) Do the papers your dad has regarding the ex-gf's credit card fraud prove that this debt is not his but hers?

How is your own post-Ch7 rebuilding going?

[tinroofrusted]

He was in Michigan at the time.

We have copies of all the signed applications showing that it isn't his signature on them, and that the judge in the court case stated that any of the debts didn't belong to him, but it keeps getting passed from CA to CA, and now to a lawyer's office... it seems to be a never ending battle.

[lrprn]

He was in Michigan at the time.

We have copies of all the signed applications showing that it isn't his signature on them, and that the judge in the court case stated that any of the debts didn't belong to him, but it keeps getting passed from CA to CA, and now to a lawyer's office... it seems to be a never ending battle.

The Michigan statutes of limitations from http://www.fair-debt-collection.com/...-State.html#23 -
"Breach of Contract: 6 years, (MCL 600.5807(8).

Breach of Contract for Sale of goods under the UCC: 4 years: including deficiency actions following repossession and sale of goods subject to a security interest, (MCL 440.2725(1).

Judgments: 10 years, but are renewable by action for another 10 years, MCL.600.5809(3).

NOTE: Another state's limitation period may apply check statutes carefully."

Your dad is caught up in an awful situation where the innocent are harmed repeatedly by the reselling of the original debt to multiple owners, forcing the continued need to prove who actually owns the debt over and over again (with personal and lawyer costs each time). It's so unfair.