Legal Question in Credit and Debt Law in California
Ex-Husband's BK and Mortgage Collection
My ex-husband included our home in his individual bankruptcy in 1995 before our divorce was final. The divorce judge did not deal with the property since it was assumed to be discharged. I never filed BK and the mortgage company has yet to attempt to contact me for payment. The information on my personal credit report is due to be cleared in January 2002 (7 years). Can the mortgage company still solicit me for payment at this point? How about after January?
1 Answer from Attorneys
Re: Ex-Husband's BK and Mortgage Collection
If it has been at least 4 years since you made a payment on the mortgage, the statute of limitations has passed. They cannot sue you (successfully anyway). They cannot threaten suit either because that would be a violation of the Fair Debt Collection Practices Act. So don't pay, and in Jan 2002 it won't even be on your credit report anymore. Don't confuse the credit reporting drop off date with the statute of limitations....they are different.
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