Legal Question in Credit and Debt Law in Missouri

I am being harrassed by a credit card company for a debt that my ex-husband created. I believe I closed this card when we were divorced in 2002. The credit card company says the card is in my SS#, I don't know when the charges where made or what the balance is, I don't know how nor do I want to contact my ex-husband about this.

what can I do now?


Asked on 2/22/10, 8:15 am

2 Answers from Attorneys

Sean Santoro Santoro Law Office

First I would be sure the card is now cancelled. You have a right to demand an accounting from the credit card company. If you are sued, you have a right to contest charges made fraudulently.

You also have the right to challenge negative entries on your credit report under the Fair Credit Reporting Act (FCRA). You should monitor your credit report at least once a year to be sure negative entries have not appeared.

You may also have defenses under state law, such as statutes of limitation. If a party waits too long to enforce a contract, they may lose the right to enforce it. Feel free to contact me if you want to discuss your options in detail.

Sean Santoro/Licensed in KS and MO

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Answered on 2/27/10, 9:24 am
Michael R. Nack Michael R. Nack, Attorney at Law

If I were you, I would make a written request to the credit card company. You should state that the account that they are trying to hold you responsable for is a disputed account. You should ask for a copy of the credit card application with our signature on it together with a complete statement of the account showing all charges, payments etc. You should also demand that a copy of your letter be filed with any credit bureau to which this account has been reported.If you did not cancel the card, you may still be legally liable on ay debt despite whatever was included in your dissolution of marriage agreement or judgment. You may want to consult with an attorney.

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Answered on 2/27/10, 3:58 pm


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