[ourfamilyof4]

My husbands ex wife opened an account with a jewerly company in 1992. I just got a letter today 2006 that we owe all this money. Can they come back after 14 years and demand money after not asking for anything before? Also shouldn't that be the ex wife's responcibitly cause she openind the account without his knowing? They have also added over $2,000.00 in interest for an account that we knew nothing about. HELP!!

[CaptainForest]

It looks like your Statue of Limitations has run out.

See this website if you are an American resident:
http://www.cardreport.com/laws/statu...mitations.html

What kind of account was it? Credit card, written note? Were they married at the time? Why was this not brought up in the divorce agreement/hearings.

Unless this is a written contract and you live in the states of Rhode Island, Ohio, or Kentucky, I think you are home free.

However, after the account was opened in 1992, did the ex wife still use the account?

[ourfamilyof4]

Thanks Captain Forest for the reply. To answer some of your questions, one.. it has only gone to a collection agency after 14 years. Two, the wife opened it, paid 3 payments on it without husbands knowledge and has not made another payment and my husband knew NOTHING about it when the divorce was finalizing. We JUST found out about it today! I have looked for statue of limitions but the only answer I can get is for lawsuits not a debt collections. If you can help me anymore I would greatly appericiate it. Also it is a jewerly store account.

[CaptainForest]

According to the website, they have no legal recourse to come after you. They can try to collect the money from you forever, but they can no longer sue you.

What you need to know is when did the ex wife stop making payments? That is when the SOL will start from.

And where is the ex wife in all this? Why not go yell at her to pay her bill?

[klmgb]

I had a similar situation with my ex wife, well not similar, exactly the same, just not 14 years. Since I didn't sign when she opened the account and I had never used the account I called the company and finally after going up their management got them off my a--. I had to get a little mean. Make sure you check your credit report to see if this is on it. I'm in Va, state laws may differ

[fredg]

Hi,
I would personally seek out a lawyer with this type of experience, and ask him/her. You might need Professional help with a lawyer, if this ends up in court.
It would seem that the debt is now too old to try collecting.

[mr.yet]

Suggestion: Send them a letter certified mail, stating the sol has expired, a request that all contact be done in writing, IMPORTANT-"THat you dont want to contract with them on this matter." They will try to get you to reaffirm the debt.

[ourfamilyof4]

I want to thank everyone who responded to my ad. I have finally consulted a lawyer and was told that the sol is up, and if they try to sue me I can fight it in court because of the sol being up. The last payment was made in July of 1992. That's almost 14 years ago. I will let everyone know that the attorney did tell me to NOT contact them for then I will be admitting to the debt. So I guess I will get the many phone calls until they decide to give up! Thanks all of you so much and I will be sure to come back if I have anymore problems for all of your advice. THANK YOU SOOOOO MUCH!! :D

[Ver]

Yes, the SOL being up doesn't mean they can't file a suit, it just means you can use it as your affirmative defense to have the suit dismissed as being time barred. Then the judge will throw it out of court, more than likely even before it ever gets to the point of a hearing.

Also the site posted for the SOL's above is no longer accurate, they were changed in some states several years ago, this site lists the new, corrected information:

http://www.carreonandassociates.com/...m#Pennsylvania

Just scroll to your state.