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  1. #1
    Join Date
    May 2008
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    2

    Default Should I Accept Charge Off On Credit Report Rather Than Bankruptcy

    My question involves a credit report problem in the State of: WA

    Ok here goes. I was divorced in 7/01 and a joint credit card debt went to my ex. In 2003 I learned that I was still responsible for the debt as it was a joint account. Went to the bank and asked to have my name taken off the account. At first they wanted the account closed but then asked for a copy of the divorce decree. The bank person I worked with faxed this along wtih a form to the head office. After a few days I noticed I could still see the joint account on my online banking thus called the bank back. The person I had been working with said it takes some time for it to drop off but everything was fine. A few weeks later the account was no longer visible my online banking.

    My wife then went bankrupt in 2005 and had all her debts cleared, including the old joint account that I assumed my name had been taken off of.

    Skip forward to the present: I am in the process of purchasing a new house and my lender noted that there is a bankruptcy showing up on my credit report. Sure enough it's the old joint account that the bank had told me my name was off of. My BIGGEST mistake was not getting something in writing. As it was back in 2003 I may have, but can not find anything, just the name of the person I worked with, who of course does not work there any longer. I'm now thinking this person had no idea what they were doing or may have just removed access to it on my online banking.

    My new home lender tells me if I can get a letter form the bank stating that the bankruptcy was not mine they will process my loan. The bank tells me they can do that but will change it to a "charge off."

    As I was lead to believe my name was off the account, saw that the account was no longer listed on my online banking, was not contacted by any collection people during my ex's bankruptcy, and have not heard a peep out of the bank about the account since 2003 can they still try and collect on the account from me if I go with the Charge off?

    Would the charge off be as bad as the bankruptcy on my credit report?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Should I Accept Charge Off On Credit Report Rather Than Bankruptcy

    Obviously not, or your lender wouldn't be asking you to effect the change. Yes, if the default occurred in 2005, the credit card lender could pursue you - but if in fact you were taken off the account in 2003, with them maintaining the account from that point forward exclusively in your wife's name, then they should only be able to pursue you for the balance due (plus interest, penalties, etc.) as of the date you were removed from the account.

  3. #3
    Join Date
    May 2008
    Posts
    2

    Default Re: Should I Accept Charge Off On Credit Report Rather Than Bankruptcy

    [QUOTE=Yes, if the default occurred in 2005, the credit card lender could pursue you - but if in fact you were taken off the account in 2003, with them maintaining the account from that point forward exclusively in your wife's name, then they should only be able to pursue you for the balance due (plus interest, penalties, etc.) as of the date you were removed from the account.[/QUOTE]

    2 more questions:

    -would the SOL apply to the pre-2003 balance?

    -the pre-2003 balance (back when it was a joint account) was awarded to my ex wife as part of a divorce decree. If the bank was to come after me for this pre-2003 balance would I legally be able to attempt to recover this amount from my ex wife despite her having filed bankruptcy?

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