Legal Question in Credit and Debt Law in Texas

liability

My daughter married in 1989 and after 10 years her husband left her with two minor children.Divorce in 1999 included agreement of each to be responsible for specified debts. Public notice was issued.Four year later he defaults on a credit card amount of $5200 and after trying to secure payment from him the bank then came after my daughter and one year later turned the matter over to a collection agency. Both bank and agency refuse to provide any details of the debt and both claim equity courts do not recognize divorce agreements. Both claim she signed the application 15 years ago and that she was aware of his obligation although she does not remember it. Both claim proof is that the debt appeared on her credit report. He claimed he changed the mailing address and that no statements of the indebtedness were sent to her after the divorce. Neither bank nor collection agency will confirm this and both refused to suplly any documentation concerning the debt. He attemtped to remove her from the account but was refused by the bank because he was already in default. He has also defaulted on child support and to our knowledge does not have employment. She works and supports children.

What is her liabil;ity if any?


Asked on 8/31/04, 4:23 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: liability

In addition to what Ms. Campbell has told you, the time-line you've sketched out probably means that the claim is barred by the Texas 4-year statute of limitations.

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Answered on 9/01/04, 10:33 am
Sharon Campbell Sharon K. Campbell

Re: liability

Well, if she did sign the application, she would be liable. The only to remove her liability would have been for the credit card company to have removed her name. On the other hand, if they cannot verify that she is liable (produce a copy of the application signed by your daughter), they cannot prove your daughter owes any money. She should send letters to all three credit reporting agencies as well as directly to the original creditor disputing the account and demanding verification. If they do not send any verification, you have good cases under Fair Debt Collection Practices Act and Fair Credit Reporting Act. At that point, feel free to contact me, I handle those types of cases.

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Answered on 8/31/04, 5:00 pm


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