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Ripoff Report | Calvary portfolio services Review - Nationwide
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Report: #1303655

Complaint Review: calvary portfolio services - Nationwide

  • Submitted:
  • Updated:
  • Reported By: kathryn brown — austin Texas USA
  • Author Not Confirmed What's this?
  • Why?
  • calvary portfolio services Nationwide USA

calvary portfolio services this debt was given to my ex husband in our divorce decree back in 2004 i paid my debts when he didnt pay his they started after me i have told them repeatedly that this was not my debt so they proceeded to apply this to my credit report 2 of the credit reports removed it but exuifax will not remove it unless cavary have it removed austin,tx Nationwide

*Consumer Comment: The decree is not what you think...

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this company has pretty well taken me through changes for about 12 years on a debt that was given to my ex husband in divorce decree i paid off my debts and when he stopped paying on his they started after me i have had to investigate on where he was and passed on some to him some he paid and some he didnt

This report was posted on Ripoff Report on 05/04/2016 03:09 PM and is a permanent record located here: https://www.ripoffreport.com/reports/calvary-portfolio-services/nationwide/calvary-portfolio-services-this-debt-was-given-to-my-ex-husband-in-our-divorce-decree-bac-1303655. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#1 Consumer Comment

The decree is not what you think...

AUTHOR: Robert - (USA)

POSTED: Wednesday, May 04, 2016

One of the biggest mis-conceptions is that when a couple divorces and the Court "orders" one party or another to pay for particular debts.  The parties involved fail to realize that the creditors are in no way, shape, or form bound to honor that court order.  Some may, but a majority will not.  So if the judge orders your ex to pay for a debt that it in your name, if the ex fails the creditor is still in their legal rights to come after you.  Now, it is a violation of a court order, so in turn you can go after your ex for that violation and in many cases he/she could be held liable not only for the debt but any other damages that you may have incurred. 

However, at this point and time that no longer matters.  As part of the Fair Credit Reporting Act(FCRA) limits the time a negative item can be on your credit report.  This time is 7 years from the last action(which generally turns out to be about 7 1/2 years after it goes delinquent).  So as long as you have not made any payments, or any written promises to pay in the last 7 years for these debts.  By law they must be removed.  For this you need to first dispute it with the credit reporting agencies specifiying that it is beyond the reporting time.  Do not go into the entire "It isn't my debt", that will just confuse things at this point.  If that fails you can use the power of the Fair Debt Collection Practices Act(FDCPA) to go after the collection agency.  This includes sending them a "Cease Communication" letter telling them to no longer contact you about the debts. 

The good thing about this is that if they fail to follow the FDCPA you as a consumer have the right to sue them.  You can sue them for up to $1000 as well as any damages you may have incurred because of their actions.

Now, there are a couple of caviats to this.   First if you have an actual judgement against you that is a different level and may still be collectable/reportable after 7 years.  Also, it doesn't matter who pays the creditor but if your ex at some point in the recent past paid them he may have reset the Statute of Limitiations extending the time they can again come after you.

Now, this is really just a summary and you should do some additional research and checking on your rights.  You may also want to at least consult an attorney.

 

 

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