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Question for my mom.....

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shortened version:

-account (MBNA) opened with mom as AU in 1997

-credit report from 1999 shows her as AU

-divorced in 4/00

-account paid in full in 5/00 (per divorce)(has statement showing this)

-7/2003 dad filed ch7 (MBNA had Balance 10,000)

-3/2004 Collection agency contacted mom about a 14,000 balance

-removed from her CR in 5/2004

-showed back on CR as MBNA and 2 other CA (showing as Individual account)

-since then Asset is the only CA on her report (only negative item)

-Asset Acceptance tells mom, no record of my dad on the account (his BK has been discharged.

-Asset Acceptance has moms name, ssn, and my dads address with his now wife (mom never lived there) balance over 20,000

-having trouble getting house Refinanced


Mom has CR dating back to 1999 showing her as AU, has copy of credit card statement showing a zero balance and copies of dad credit reports showing it was an individual account, divorce papers dated when the account had a zero balance, and MBNA say all papers have been destroyed and they cant prove anything.

However Asset states it is my moms account (I believe they got her info off my dads CR.

What type of letter can she send to Asset or the Cr to get these removed...she has tried contacting several attorney (including through NACA) and they just keep putting her off.

She is in town for a couple of days and I thought I would ask for some advice since you all helped me out a lot with CACH


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Get a lawyer. This is too complicated for pro-se as the debt is too old and the records are lost/dated.

Understand that if you can prove when the last payment was made and if that date is more than 3 years ago, they can't do diddly to collect on it. It is long past the point of being allowed to be reported on her credit reports regardless of whose it is. And since the SoL is likely expired they cannot win a lawsuit.

As for Asset, do not expect them to let up on a possible $20,000 account. They will do everything in their ability both legal and not legal to get that money regardless of if they are legally entitled to it or not. That's why I say get an attorney and slam the door on this now before it gets any worse.

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