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KatyMan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-14-10 09:26 PM
Original message
Not looking for legal advice, but a legal question
My wife was divorced in 1980 from her first husband. Her divorce decree said that her ex was responsible for the house they had. The host went into forecloser post-divorce. Now, 30 years later, over $50k was marked as a HOLD on our bank account (we have nowhere near that amount), which we've since found is the company that owns this debt. Isn't there a statute of limitations on this? And would a copy of the divorce decree make this go away?

This all happened and is happening in Texas. We plan on getting a copy of the decree and hiring an attorney, of course, but since we only found out about it on a Friday night, we can't do anything until Monday.

Thanks.
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Lithos Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-14-10 10:21 PM
Response to Original message
1. My wife and I were in a similar situation
The law is ambiguous here due to issues between the various jurisdictions. Truthfully we only really got relief when it all fell off her, and thus our, credit rating. Your case sounds worse, and I am araid that if there are indeed issues remaining, your only recourse will indeed entail finding a lawyer who can and will file in the various jurisdictions and get the various judges to work on your behalf.

It will suck as the remedy will probably cost you a sizable percentage of the 50K which is in question.

L-
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KatyMan Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-15-10 09:13 AM
Response to Reply #1
2. Thanks Lithos
Things might be looking a little better for us because my wife filed 2 Quit Claims in the early 80s on this house, so we're hoping that this will help our case.
We assume we'll still need an attorney, mainly because the statute of limitations in Tx for debts (from what we can tell) is 4 years, and this company filed litigation in 1992, and from 1994 until 2003, they did nothing, so I don't understand how they could suddenly start this up again. I'm gonna go ahead and blame the Republicans, tho. :)

Thanks again, and I hope things are better for you now.
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white cloud Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-15-10 12:20 PM
Response to Reply #2
3. We can help you!!!
blame the Republicans:evilgrin:

Good luck
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KatyMan Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-15-10 12:37 PM
Response to Reply #3
4. :) Thanks for the vibes! n/t

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WolverineDG Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-16-10 12:20 AM
Response to Original message
5. sounds like a zombie debt collector
get an attorney who knows consumer law. also ask about suing for slander of credit. :evilgrin:

dg
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KatyMan Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-16-10 12:45 PM
Response to Reply #5
6. what we find curious and somewhat scary is
how did they get our bank account information?
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