Help with debt collection problems: Free legal advice

Questioner

Received a letter from a debt collection agency asking me to pay an amount of almost 23,000 within 14 days. They also indicate that I recently received a message from the bank in question (which I did not receive). In August 2002 I took out a revolving credit together with my (now ex) partner. In November 2002 we separated. He never paid the debt. In June 2005 I stopped paying due to financial problems and arranged through my lawyer that he would continue to pay the debt. In November 2005 I received a letter that the debt had become fully due. Then nothing more was heard until the letter from collection (22.09.15). I assumed that my ex had paid off his debts properly, but I heard from an official body that he had declared bankruptcy. That's why they're coming to me now?? But should I respond to this and should I pay this debt that I haven't heard anything about for almost 10 years. And what (legal) steps should I take.

Lawyer

Dear, The right to collect this debt has probably expired. When collecting monetary debts, the creditor must inform you within five years after the claim has become due that they are still entitled to full payment or to actually collect. The creditor must prove this (e.g. by registered letter). In your case, it seems as if nothing has been done about this matter for 10 years, but they may have had contact with your ex during that time. You must inform the collection agency of the expiry of the right to recovery. If they were to start a procedure, you must go there and also invoke the expiry of the limitation. If you do not do this, the creditor will receive a judgment and you WILL have to pay. This collection agency has probably bought up a lot of old debts and is now trying to collect them. Don't let them intimidate you, but do communicate that you do not agree with the claim because it has expired.

Lawyer

If the claim became due in November 2005, it has probably not yet expired. You are jointly and severally liable to the bank for the debt. This means that if one party does not (any longer) pay, the entire claim can be recovered from the other. After payment/repayment of the debt, you will then have a claim against him for the amount of your ex-partner's share in the debt (50%), unless you have made other arrangements in the event of a divorce. Please feel free to contact me if you have any questions or require legal assistance. Depending on your income, you may be eligible for subsidised legal aid. The costs of a lawyer/attorney you engage will then be paid by the state and you will only owe an income-related personal contribution.