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briggus · May 19, 2009, 09:33 AM

Hello,

I have been married for 8 years and together with my wife for a total of 10. Prior to meeting my wife, I was involved in a relationship with a woman whom I dated for approximately 3 years (1995 - 1998ish). We never resided together nor did we share a bank account. Over the 3 years we were dating, money was exchanged for a vehicle, CC debts, etc.. (approximately $7000). No contract or similar agreement existed as we thought we would get married. Unfortunately it didn't work out and she ended the relationship and moved 500 km away in 1999. Recently (May 2009), I received a letter addressed to myself at my place of employment (no return address or name of sender - envelope or letter inside). The letter threatens legal action if I don't pay $16,000 to cover the cost of a loan she took out (which according to her took 4 years to repay). While I completely disagree with her figures, I am in shock that she has sent me such a letter, and is now claiming I owe her over $40,000 (interest over the past 15 years). Given this occurred almost 15 years (or so) ago, can she legally do this? I don't know if I should call her to dispute this or see a lawyer.

Thank You

I wish · May 21, 2009, 12:36 PM

Her limitation period may have run out. It's better if you retain legal counsel to ensure that your rights are protected.

Without a return address, this doesn't sound very credible. For you to have a debt, there needs to be a creditor. So unless you can find out who the creditor is, there's not debt.

JudyKayTee · May 21, 2009, 12:51 PM

Was it a loan in both of your names? What was the purpose of the loan?

Need more info and the Statute very well may have run. Hard to tell.

JudyKayTee · May 21, 2009, 12:52 PM

Originally Posted by I wish

Her limitation period may have fun out. It's better if you retain legal counsel to ensure that your rights are protected.

Without a return address, this doesn't sound very credible. For you to have a debt, there needs to be a creditor. So unless you can find out who the creditor is, there's not debt.

This is not correct - creditors sometimes change company names. That doesn't mean there's no debt.

What do you mean?

I wish · May 21, 2009, 12:53 PM

Originally Posted by JudyKayTee

This is not correct - creditors sometimes change company names. That doesn't mean there's no debt.

What do you mean?

I agree, the creditor can change names. But to have a debt, you need a debtor and a creditor. We know who the debtor might be, but I was asking who the creditor is. Since there was no return address on the mail, there has to be another way to find out.

There is missing information.

Lowtax4eva · May 21, 2009, 12:56 PM

All that matter is if you co-signed for this loan and when the last payment was made.

The statute of limitation begins when you stop making payments, not when the original loan was made.

If you didn't co-sign throw it out, if you did contact your ex-girlfriend and find out if she really did pay this loan off in full.

JudyKayTee · May 21, 2009, 02:13 PM

Originally Posted by I wish

I agree, the creditor can change names. But to have a debt, you need a debtor and a creditor. We know who the debtor might be, but I was asking who the creditor is. Since there was no return address on the mail, there has to be another way to find out.

There is missing information.

Again - there IS a debtor. There IS a creditor. The "debtor" admits as much. Is this letter a fraud, a form of harassment? Sure. I don't know any creditor, law firm, collection agency which sends out anonymous letters.

But that doesn't change the fact that there is a debt here, admitted by the OP. The circumstances of the debt, including the time frame are important.

briggus · May 21, 2009, 02:26 PM

Thanks for the replies.

There is no co-sign issue with the loan as there were no written agreement drawn up. We thought we would be together but she ended the relationship and moved away. She obtained the loan originally to deal with a few of her issues and had loaned me money from her loan. In the (anonymous) letter I received, she made reference to 15 years ago "when we were together". While her letter makes me sound like a stiff, that is not the truth. I had given her money over the span of when we were together, but of course nothing was written down on paper, which makes it difficult for me to figure out how much (if any) I owe her. But like I said, I was rather shocked when I received the letter after not seeing or hearing from here in 10 years. I would like to call her and dispute this, but I think my best bet might be to not call and see a lawyer first.
Well that pretty much sours the memories of that relationship.

Thanks again,

Briggus

JudyKayTee · May 21, 2009, 03:12 PM

Me? I wouldn't contact her. I wouldn't contact an Attorney. I would do nothing. Too much time has passed for her to collect from you and if everything you have posted is 100% correct I don't see that there ever was an agreement to repay her.

And why is she contacting you now? I can never figure out why people come out of the woodwork years later.

briggus · May 23, 2009, 05:21 AM

I have no idea why she is contacting me out of the blue like this. I wish I knew also. Thank you "JudyKayTee" for the advice. Appreciate it.

Briggus