Please help

[cda710]

I had a checking account with my exwife and she overdrew the account.  I stopped using the account prior to her actions and opened my own.  She was the primary account holder and I was an authorized user.  When we got divorced the Court listed the account as being her resposibility. 

The account is currently listed as being my sole responsibility.  I know its not.  The SOL has passed so I cant be sued but I would like it off of my record.

I have disputed this item before without any luck. 

Any advice on how to proceed short of suing her?

I live in Idaho if it matters.

Thanks in advance.

[llecs]

I'd double check any contract used to open the account. I don't believe checking or other deposit accounts have the ability to add an AU, as CCs do. Either you are on the checking account or not when the checks or statements were printed. I take it a CA is reporting it now? I'd send a DV if you haven't done so if that's the case. If they verify and you agree, then send a PFD.

Unfortunately, what the court rules is different than credit reporting. The reporting goes off how the account was opened initially as opposed to post-opening. Certainly if the other party violates a court decree then there's an issue. You can ask her to pay it, or take legal action. Either way, I'd do it yourself and go after her later via talking to the judge, having your lawyer send letters, etc., or other options short of suing.

[cda710]

I have read many differing oppinions on how this process works. So a few questin about DV if that is the route I choose to go. 

1)Can I DV this collection account If I have known about it?

2)What is their burden of proof?  If minimal am I able to make the original creditor prove the debt?

3)  If the debt is past the statue of limitations, but not past the 7 year reporting window, is it still cosidered zombie debt?  If so can force them to remove it?

Thanks again!

[llecs]

DVing is allowed by the FDCPA. Legally....if you send a DV now it would be legally worthless because you only have 30 days to send a DV. However, IME and as posted by others, most CAs will respond to your DV request beyond those 30 days. They don't have to respond, but most will providing at least the OC name and the balance owed. Per what is required from them has the DV been timely, there's debate. At the least, they have to provide the OC name, balance, and a copy of the judgment if sued. Many DV examples floating out there ask for a slew of info, but none of it is legally required. You can ask for it, but they don't have to provide it. 

There isn't a DV process for the OC. But I found that if you call and talk to them, they'll usually provide info like statement copies, etc. The goal should be to get enough info to satisfy in your mind if the debt is legit or not.

IMO, a zombie debt is one past SOL and CRTP. It can't do anything to hurt you. But even if a debt is past SOL, it can still report and SOL has nothing to do with reporting. Conversely, there are some states were SOL is 8-10-15 years, long past CRTP. 

[rckstrscott]

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@llecs wrote:

DVing is allowed by the FDCPA. Legally....if you send a DV now it would be legally worthless because you only have 30 days to send a DV. However, IME and as posted by others, most CAs will respond to your DV request beyond those 30 days. They don't have to respond, but most will providing at least the OC name and the balance owed. Per what is required from them has the DV been timely, there's debate. At the least, they have to provide the OC name, balance, and a copy of the judgment if sued. Many DV examples floating out there ask for a slew of info, but none of it is legally required. You can ask for it, but they don't have to provide it. 

There isn't a DV process for the OC. But I found that if you call and talk to them, they'll usually provide info like statement copies, etc. The goal should be to get enough info to satisfy in your mind if the debt is legit or not.

IMO, a zombie debt is one past SOL and CRTP. It can't do anything to hurt you. But even if a debt is past SOL, it can still report and SOL has nothing to do with reporting. Conversely, there are some states were SOL is 8-10-15 years, long past CRTP. 

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You only have 30 days to send a DV in response to a dunning notice. If a dunning was never sent, you can send a DV at any time and it legally has to be taken as a DV and the cease collection bar is put in place until the validate. Usually they say the sent one, and they may have if you lived at a different address at the time the debt accrued. I know I am pulling hairs here.

-scott

[pizzadude]

Even though the court assigned her the responsibility for this debt to her, if you were a joint owner then they can still pursue you to recover it.  

It should only show on your credit report for 7.5 years from the date of first deliquency, which I would guess would be the point where the account went in the red and never recovered.  

If you do pay it then you could certainly go back to your Ex to recover the money, although you might have to return to court to do that...