[noramacleod]

Hello: In 2004 I filed personal bankruptcy. I was discharged 9 months later. However, my husband did not file. I had one credit card in my name and my husbands name although he never used the card. After 4 years they have started to try and collect on the debt by transferring the debt to his name. The amount owing was $8000.00 and now with interest it is up to $11.000.00. I want to rewrite my mortgage and this is preventing me from doing so. I did offer them a $1000.00 settlement but they did not accept. They want $8000.00 but that is impossible. We are both on disability and my husband will start receiving his old age this year, which is less. I would appreciate any kind of imput on this matter. Thank you. Nora.

[Iknowalotofstuff]

Because you were discharged in 9 months. I am assuming you went bankrupt in Canada. Most provinces have statutes of limitation. Recent amendments to limitation legislation has reduced that period to 2 years. For instance, in Ontario, for any debt with a last payment or acknowledgment made after 01/01/04, the limitation period is 2 years. This means your husband cannot be sued for the debt if it more than two years from the last payment and if that payment was after 01/01/04.

The other issue is whether he is actually responsible for the card as a joint card holder or if he is merely a supplementary card using your credit facility. Did he sign he credit card application? Did you simply ask for a card in his name. If that is what you did and he never used the card, he may not be responsible for it. Ask the credit card company or the collection agency for proof of indebtedness. What happens in many cases is a collection agency sees his name on the file and assumes he is responsible. They do not have the proof.

Send a letter to the collection agency of CC company that states the following:

"The debt you are attempting to collect from me is that of my wife, xxxxxx. She made an assignment into personal bankruptcy on (date) and was discharged on (date). This debt was provable in her bankruptcy and discharged. She obtained a credit card for me. I did not sign any documentation nor did I use the credit card. As such I dispute any responsibility for any outstanding balance.

I demand proof of my indebtedness namely my signature on any credit application or proof that I contracted for any credit.
The fact that my wife may have requested a credit card for me does not bind me to her contract with you.

In any event, the date of last payment on this debt is more than 2 years ago rendering it statute barred. If I did own this money, which I do not, you cannot sue me to collect it. Otherwise, I suspect you would have sued me by now. I will not allow you to hold my credit rating hostage to force me to pay a debt discharged in my wife's bankruptcy.

In the absence of any proof of indebtedness, I demand that you remove my name from any association with this debt an any credit reporting agency to whom you report.

Should you chose not to act in a responsible manner and I suffer damages as a result of your negligence, I will commence an action in a court of competent jurisdiction for the damages I have suffered. Govern yourselves according,"

Good luck!!