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How do CA's


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get a cel number that isn't even in my name to call me? I do carry the phone. My name was once on the account.

They can't even find my address or home phone number. Hell, I only live across town from them.

They have a judgement that I was not served papers on 12 years ago on debt that was incured by my ex. We were divorced, but she had a book of checks on a closed account and went on a writing spree. They never even tried to sue her and she signed the damned things. She lived at the address on the checks.

Since this is so old (I just found out about it) do I have any recourse?

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On the checks was her name listed? Was this an old, closed, marital checking account?

By the way, I found out the SOL on Judgements in Idaho (if the judgement was granted in Idaho) is 20 yrs with a 9% interest rate on the amount. Sheesh--not sure that's "right" but that's what it said under the blue link above titled, "Statute of limitations."

Let me know if her name was on the checks.

This same thing happened to my husband w/ his ex only the account was still open when she did it and she had her boyfriend and various drunks from a local bar do it. We were able to get the acct closed (but were to STUPID to NOT go to the police!) but around 5 checks went on to collections...depressingly enough some got paid by the bank. What she did was she stole a book of checks--withdrew a months worth of salary (my husband was in the field w/ the Army) and she bought herself a car and wrote check after check for various things....mostly grocery stores and fast food places.

By the way, I think someone gave out your cell #...I'd send them a partial cease and desist making sure to let them know the only correspondance I will accept is correspondance via the USPS.

Also, you do have the right to go on down to the court house where this all transpired and request a FULL AND COMPLETE copy of this file. You also should be able to nail down copies of the checks. We went to the different CA's and did this and let them know the checks were stolen and while they still reported the info on my then fiancee's CR's they never tried to collect. We got our copies of the checks from the CA by the way--

Just some ideas...sorry if I'm rambling.

Elyse

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Thanks for the input. The checks had both our names on it, but I had closed it about a month prior to her writing them.

It's only about $1,000 bucks, but I am not going to pay it til I see how it was done.

And yes, a judgement in Idaho is 20 years.......sucks

As for the phone, it is my friends. We had a shared plan that was in both our names. She took it over and I still use that one as well as another. They haven't called it since she sent them a bill for the minutes. They didn't pay either....

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Ok, if her name was on it to then her name should've also been on the judgement AND her name should also be indicated as a responsible party. They may be going after her seperately-it's tough to say.

Like I said--see about getting a copy of the full file and see what it says, she may have done something behind your back that you aren't aware of or, they may have--it's tough to say. Also, seeing how state laws vary state to state they may get away with certain things that other states have specific laws against.

Nah--I wouldn't pay it either hon, honestly. That's saying a lot for me--I don't mind paying bills I know I made (or trying to rather, lol--job lay off has made THAT difficult even) and I don't mind owning up to my responsibilities but crap like this gets my panties in a bunch. (Can ya tell, lol! :lol: )

My husbands ex also stole about 12,000 from social security (SSI) and they did attempt to come after my husband for that...that was scary, but we never did find out what the resolution was to that matter. (She didn't have custody of her two older sons, but once she got custody she claimed she'd had them all along--so 6 yrs worth of SSI payments because their bio dad is disabled)

Since it was her name, her kids from a previous marriage and her ex they left my husband alone (thank goodness). It's amazing the effort some people put into being sheer fraud artists! If they'd only use their power for GOOD! LOL.

Also--kudos to your friend for sending them the bill for the minutes! LOL!!! :twisted:

Elyse

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get a cel number that isn't even in my name to call me? I do carry the phone. My name was once on the account.

They can't even find my address or home phone number. Hell, I only live across town from them.

They have a judgement that I was not served papers on 12 years ago on debt that was incured by my ex. We were divorced, but she had a book of checks on a closed account and went on a writing spree. They never even tried to sue her and she signed the damned things. She lived at the address on the checks.

Since this is so old (I just found out about it) do I have any recourse?

Maybe your EX gave it to them trying to pawn it off on you... :?

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get a cel number that isn't even in my name to call me? I do carry the phone. My name was once on the account.

They can't even find my address or home phone number. Hell, I only live across town from them.

They have a judgement that I was not served papers on 12 years ago on debt that was incured by my ex. We were divorced, but she had a book of checks on a closed account and went on a writing spree. They never even tried to sue her and she signed the damned things. She lived at the address on the checks.

Since this is so old (I just found out about it) do I have any recourse?

Maybe your EX gave it to them trying to pawn it off on you... :?

Nah, she would have no clue as to the #. Remember this stuff is over 12 years old. I JUST found out about it myself from the call on the cel. And remember SHE did it, not me. Has to have her signature on the checks.....

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Read section 808(5) of the FDCPA:

(5) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

In other words, calling your cell phone is a violation of the FDCPA because you, as the cell customer, have to pay for both outgoing and incoming calls. A CA can never use any means to communicate with you that causes you to incur a charge for the communication.

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Read section 808(5) of the FDCPA:

(5) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

In other words, calling your cell phone is a violation of the FDCPA because you, as the cell customer, have to pay for both outgoing and incoming calls. A CA can never use any means to communicate with you that causes you to incur a charge for the communication.

So they owe me 1000 bux. Now we are even! :p

Thanks for the info. I can use that against them when the time comes.

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You can also claim ID Theft/Fraud since by your description your ex-wife is responsible for the fraudulent check writing...your signature isn't even on the checks. You obviously got a default judgment by someone who deliberately misled the courts about the service of summons. Give the county courthouse a call and see if you can file a motion to set aside default judgment for improper service of summons. It may have been a long time ago, but since you just found out about it, I think you can still do it.

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You can also claim ID Theft/Fraud since by your description your ex-wife is responsible for the fraudulent check writing...your signature isn't even on the checks. You obviously got a default judgment by someone who deliberately misled the courts about the service of summons. Give the county courthouse a call and see if you can file a motion to set aside default judgment for improper service of summons. It may have been a long time ago, but since you just found out about it, I think you can still do it.

Thats kinda what I was thinking, but I work a long ways from home and really never have time to pursue this kind of thing (see my thread in the off-topic area). I am going to assume that this is probably time-consuming........

I may just get one of my Attorney clients to see what we can do.

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