Question:

My wife declared bankruptcy in 2001, now a collection agency is after me (joint account) I did not file. Mich?

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We live in Michigan - can the collection agency legally go after me for that credit card debt ?

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3 ANSWERS


  1. Yep.  If your name is on the account and it's not being paid they will go after you.  They will go after anyone listed as an account holder.  Your wife may be out of the noose only because she filed.  Now, make sure if you are a card holder or just an authorized user.  An authorized user is not liable for the debt on a credit  card.

    Anyone that signed for that card entered into an agreement with the cc company.  A contract that states "I will pay this debt."  Just like if you cosigned for someone you are stuck with any balance.

    Addendum:

    Just read the other response.  Yes, check with your state's laws.  If the statute of limitations has run out you are not responsible legally for that old debt anymore.  They can still ding your credit though.  It doesn't work that if they can never get you to pay then years later they also can't say you didn't pay.  The only way to change how it shows on your credit report is to either pay it or wait for it to become such an old item that no one views it.  Nothing that is true-good or bad-ever comes off your credit report.  But, creditors only usually go back so far.  So, it's still there but no one looks at it after so many years.


  2. No the statute has run out tell them to get lost and tell them if they ding your credit you will sue

  3. ed9455 is absolutely correct..statue of limitations is up....the debt is time barred from them suing you.....if they call again, request their name, address and send them a cease and desisit letter.....as well as threaten to sue if they call you again.....check this website out...www.bcsalliance.com...this is a great site on learning about debts, credit, etc.....Good Luck!!

    Adding to the above response as well...they call these collectors..scavengar hunters..they try to scare you into paying, when you are protected by the statue of limitatons. It doesn't mean you don't owe the debt..it means they can't sue you...because you didn't file, it defaulted to you because it's a joint account. I wouldn't lose large amts of sleep over it...any current loan you go for...they are going to look at current pay history..not something that old......

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