Question:
How can i have a charge off removed from my credit report, when a collection agency is sending me notices for a debt that is my ex-husbands and is from 1991?
Answers:
It's illegal for the credit bureaus to continue to report this debt if it is from 1991. It should be removed from your credit report as a law states that debts cannot be re-aged when they are sold or transferred.
Just because it's supposed to fall off your report does not mean that you don't owe the money. If you state's Statute of Limitations has not run out yet, the collection agency can still contact you in an attempt to collect on the debt. The big question is was this a joint account or just your husband's individual account? If it was an individual, you are not responsible for this at all. Being married does not automatically make you a co-borrower on all of *his* debts. If it was a joint account, they can still come after you (and hopefully they're going after him as well!)
Good luck.
You can't have it removed if it is valid. You can place an explanation in your credit report, and then wait for time to remove it on its own.
First you have to prove that the bill is not your and if your name is on it there is nothing you can do about it. If your name is not on it then you take a copy of the bill to the collection agency and show them that it is not yours and if they don't remove it from there you have to get address to the main office they will have it and you have to submit a complaint to them stating the bill is not yours and send them a copy of the bill and it don't hurt to send a copy of the divorce papers with it stating who has to pay what. That is what I had to do with my X-husband.
The creditor can and often does attempt to collect the debt, unless the Statute Of Limitations has expired on the debt, long after it has been charged off with either an in-house collection program or more commonly with a third-party debt collection service. Because the original contract for the debt, in your case a credit card agreement, was not honored, the account balance can be requested paid in full. A creditor will sometimes accept a partial payment of the debt and the account will be reported as "settled charge-off".
The charge-off will remain on your credit report for seven years plus 180 days from the date of the first nonpayment under the Fair Credit Reporting Act.
A credit bureau will not remove accurate negative information from your credit report before the legal time period has expired.
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