You need to talk to a divorce lawyer. The complexities of divorce settlements are way too complicated to be discussed on a general forum.

Hmm this site doesn't like chevrons? <<>>

"The Plaintiff (X) shall continue to maintain all of the martimonial liabilities and shall indemnify the Defendant (me) from further responsibility for these liabilities."

Okayy, why that quote from the divorce document didn't show up is a mystery to me. Here it is again:

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Oh yeah and there's this little sentence in my divorce document:

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That seems to say to me that whatever was considered 'matrimonial' debt, was my ex husband's responsibility, and according to the definition of 'indemnify' from the dictionary, I am absolved from further action.

in·dem·ni·fy [in-dem-nuh-fahy] Pronunciation Key - Show IPA Pronunciation –verb (used with object), -fied, -fy·ing.
1. to compensate for damage or loss sustained, expense incurred, etc.
2. to guard or secure against anticipated loss; give security against (future damage or liability).

Instead he declared bankruptcy immediately after paying me $10k for my 'share' of our $400k house ($200k equity) (because debts were so high, they counteracted my share of the equity) and he walks off scott free, and here I am 5 years later...still dealing with his credit stuff. Which is of course now MY credit stuff.

I will be in court, and I suppose a day's worth of time and frustration is worth at least $500.

I think they came after me because they thought I had a house to lien...which has since been sold.

Well, the usual template agreement the creditors use is something to the effect

"The Primary Cardmember, together with anyone who has been issued a card on the account AT THE REQUEST OF THAT PERSON and with the consent of the primary cardmember, or whose name appears on the account may be jointly and severally liable for all cardmember obligations under this agreement. Each cardmember may acess the account without the knowledge or concurrence of the others."

I don't know the intricacies of the case, but maybe since the teenaged son was allowed to use the card. Being a minor, there may be deemed consent on your part since parents can be held responsible for some kinds of liabilities incurred by their children; and that's why they're coming after you. But if your husband has custody, then liability shouldn't be attributed back to you, especially if you've never requested nor used the card.

In any event, you need to defend the lawsuit and start launching a dispute with Consumer Protection by seeking a hearing as far as your damaged credit record goes. It's coming off your credit file next year anyway, but you may want to still proceed.

I don't know why they're proceeding on what they know to be a stats barred debt. Maybe, they think they can bluff the judge too. Just be there to make sure they don't.

I didn't say my ex husband 'forged' my signature, but he opened this account for whatever reason (he's not an electronic gadget guy) and I would imagine he put me on as a 'spouse' or a 'co-applicant' or whatever. We're not exactly on speaking terms, so to find out the exact WAY my name came onto this account is impossible. Fact: The original credit agreement with MY signature on it is impossible to produce because IT NEVER EXISTED. And if it did exist at one time in history, it doesn't exist any longer or Affinity would have it in their possession and I would be in trouble.

Why would a judge expect me to pay for a debt, where the original credit agreement can't be found? I have no idea who made the $3k worth of purchases on this account. Probably one of my teenage sons, who are also not on speaking terms with me and live with their father.

Obviously Affinity has figured this out because they have agreed to a 10% settlement, and BELIEVE ME, if they thought there was any way they could produce proof of my liability, they would not agree to 10%!!

Well obviously I'm interested in fixing my poor credit as it is not something I'm proud of. And hinders my ability to get a mortgage etc. However, this item is due to fall off my report in March of 2011, as the LDA is March 2005. I suppose in some way, $500 seems like a small price to pay to get an R9 off my credit report. But I might just wait it out.

Affinity simply sent me a letter saying they were going to proceed with a suit, and put a lien on my property if I didn't 'settle' with them. Why they thought they had a chance of wining anything on a debt from 2005 is beyond me. They sent statements from future shop, with purchase amounts on it, and the last activity, ironically, was a payment... The SOL expired in march of 2007 so how do they think they have a leg to stand on? I think they're just trying to bully me.

I wrote back to the court saying that I could not afford to pay for this debt, and that I didn't believe it was mine. Affinity and I emailed back and forth for a couple of months until I finally received their acceptance of a 10% offer. We disagree on 10% of what. Debt only, or debt + interest.

Affinity wants 10% of the debt + usurious interest which is $5000. I want to pay 10% of the debt only which is $3000--> $300. Affinity says they can't further negotiate, so I have to decide if I want the bother and pain in the ass of going to court to plead my case, as opposed to coughing up $500.

It's like pleading guilty to get out of jail sooner. Even though you're innocent.

It is a genuine court document with a court stamp. At least I got them to move it to Calgary instead of Edmonton...

My question is why are they litigating when the SOL has expired?

"Could you reproduce the contents in the Statement of Claim by Affinity on this thread? Also, can you reproduce your responce [sic] in your Statement of Defense? I can then advise you what action to take.

In regards to your credit report and making changes thereon, please see my blog on the Forum ---- Canadian Credit Repair ---- Correcting Credit Report Errors ---- Virtually Impossible "

The first paragraph is a good idea but the second one is more or less wrong. Everyone's credit file contains their social insurance number and date of birth, so it's pretty well impossible for them to get you mixed up with someone else. However, that's not relevant in this case.

First contact the ombudswoman, Barbara Coleman, at Aktiv Kapital in London, Ont., and tell her to send you their complete file on you within 30 days. They have to in order to comply with the PIPEDA federal law.

Having said that, much of what you say doesn't add up. If your ex-husband genuinely did forge your name on the original credit agreement, then that is a matter for the police. Even if you were married at the time, you wouldn't be jointly responsible for the account unless you actually signed the Future shop agreement too.

I don't understand why you agreed to pay anythng to "get them off your back," if you didn't owe the debt in the first place. The SOL in Alberta is 2 years, and any acknowledgment (written or verbal) you make or partial payment you remit will not reset the clock.

It's not clear why they decided to sue you but if it is a genuine document, you'd better show up to defend yourself lest they slip in a default judgment for the whole amount with interest. The forum owner's comment that the document looked "compelling" is, frankly, useless. Contact the Court clerk and check document's case file no. against the Court dockets.

Naturally, defending the charge by showing that there has been nothing done to reset the limitation period clock since March, 2005 will be in itself a sufficient defence. And once a limitation period has expired, it can't be revived, notwithstanding some portions of student loans.

More troublesome are the credit bureau files. If you didn't sign the agreement, then it's not your debt to begin with. You'd have to dig up some documents to verify this to have any hope of getting the bureaus to amend their files.

The best way is always start with those reporting the incorrect info. What you were told about creditors not having the ability to change dates and information with the credit bureaus is also bunk. Companies can and do submit correcting information to the bureaus everyday. In contrast, even if the consuner goes in with a mountain of documents, the bureaus will likely still pay scant attention because they are really there to cater to their high paying members. Money talks.

If what you say is true. Start with Barb Coleman, get a copy of the file they have on you, and find out why they are improperly suing you. Honestly, it doesn't sound like something Aktiv Kapital would do. If you still can't resolve it, and the SOL has passed, take them to your Ministry of Consumer Protection and ask for a mediation hearing. Nonetheless, that doesn't mean that if a debt is stats barred, a creditor can't still try to collect on it. They just can't litigate or even threaten to over it. But your case has the additional issue that you claim it's not even your debt.

Hi albertagreekgirl

Could you reproduce the contents in the Statement of Claim by Affinity on this thread? Also, can you reproduce your responce in your Statement of Defense? I can then advise you what action to take.

In regards to your credit report and making changes thereon, please see my blog on the Forum ---- Canadian Credit Repair ---- Correcting Credit Report Errors ---- Virtually Impossible

Well Affinity has accepted my offer of a 10% settlement on this futureshop/wells fargo account. I wanted to pay 10% of the original 'debt' which was around $3500, but they want 10% of the inflated debt plus usurious interest; $5000. Why should I pay them anything? They cannot obviously provide proof of my signature on an original credit agreement. (it was fraudulently taken out in my name by my ex husband) Court date is still in Sept. They want $500 from me to 'settle' this account. I wanted some type of reassurance that this item will be either removed from my credit report or show as settled or paid. I'm worried that if I pay them the $500, it will 'reset' the SOL and they'll keep after me. Should I just go to court? I'm so confused. The last date of activity on this debt was 2005. This was Affinity's reply after a month to my offer of 10% settlement:

< I apologize if I misunderstood your 10% offer to be on the claim amount.

However, the reason I didn't get back to you quickly was because of the extra time I needed to negotiate the $500 as a final settlement on your behalf......without getting into a counter-offer negotiation with you.

I will not now re-negotiate the amount...$500.00 is the final offer....but will allow an extension to the original settlement payment deadline.....to the end of August.

I should also explain the impossibility of meeting your further request that the record be removed from your credit report. Equifax and Trans Union do not allow records from your credit "history" report to be arbitrarily removed because that would affect its integrity when reviewed by future credit grantors. They do allow records to be updated (in your case, to "settled - $0.00 balance due") so as to reflect the current circumstance.

Also, they do not allow one creditor to update the record of another creditor. I say this in case you might be referring to the removal of the Wells Fargo record (we have no control over their record). I did review your credit report and Wells Fargo has correctly reported your record as an R9 (bad debt) with a $0 balance (because they sold the account). I hope this makes sense.....please call if you would like further explanation.

(Of course the procedures do change when records have been reported incorrectly or fraudulently, as you have suggested. You would have to deal directly with the credit bureaus, providing them with the necessary proof, in order to have records removed)

I get the sense xxxxx that you are standing firm and we are therefore at a stalemate. We both tried but this does happen, so unfortunately we might have to leave the final decision up to a judge. If I am sensing wrong please let me know before the end of August so we can provide the courts with the necessary withdrawal paperwork. Actually, I would appreciate your reply either way. Thank you.

Sincerely,

They sent me the court docs to sue me, and lien my property. I asked them for a copy of the original credit agreement with my sig. and they never replied to this. I intend to go to court with my email records of the conversation with them. i offered them 10% to get them off my back and get it off my credit bureau, but they wouldn't go for it. I can't afford to pay it, it isn't my debt, it was obtained fraudulently in my name by my ex husband, and I'm ready to go to court and fight. Court is in early sept.