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  1. #1
    brownwunder is offline Junior Member
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    Angry credit card fraud by (ex) spouse

    What is the name of your state (only U.S. law)? California
    In '94, my (ex) spouse opened up three credit cards by forging my signature on apps to receive joint cards, and having those cards delivered to her job's PO Box. We were separated at the time, and I didn't discover this fraud until I started receiving delinquent notices to my PO Box starting in '95. Naturally I was livid and threatened to report her to the police, but relented after she promised to start paying the bills. I know now. Big mistake. But at the time we had young teenagers and I didn't want to make a bad situation worst. Fast fwd to the present, we're divorced (since '02) and she has apparently stopped paying the bill on one of the cards and I am now getting collection notices. Do I have any legal recourse, now? Thks in advance for any advice!What is the name of your state (only U.S. law)?
  2. #2
    Debt Guy is offline Senior Member
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    Do I have any legal recourse, now?

    You can sue your ex. I don't think you can get away with filing a police report and claiming fraud after all this time. The credit card company is not going to back down coming after you.
  3. #3
    Antigone* is offline Senior Member
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    Quote Originally Posted by Debt Guy View Post
    Do I have any legal recourse, now?

    You can sue your ex. I don't think you can get away with filing a police report and claiming fraud after all this time. The credit card company is not going to back down coming after you.
    I agree with Debt Guy. So much time has passed, and you knew about it. The credit card company will see the fact that you found out years ago as passive acceptance of the debt.
  4. #4
    brownwunder is offline Junior Member
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    credit card fraud by ex

    Thanks all for your input. I figured I was screwed by being too forgiving when I discovered her fraud. I contacted the FTC and they asked if I had "benefitted" from having the cards, for which I had not, and they let me file a report. I made them aware that this fraud was discovered years ago, but they didn't mention any SOL being exceeded. I'm hoping that this, along with any other docs' that might be required by the credit card to prove my case will get them to remove my name from this debt. After all, fraud is still fraud, no matter when it is discovered. Or at least it SHOULD be. If this doesn't work, then suing is my next option.
  5. #5
    Antigone* is offline Senior Member
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    Quote Originally Posted by brownwunder View Post
    Thanks all for your input. I figured I was screwed by being too forgiving when I discovered her fraud. I contacted the FTC and they asked if I had "benefitted" from having the cards, for which I had not, and they let me file a report. I made them aware that this fraud was discovered years ago, but they didn't mention any SOL being exceeded. I'm hoping that this, along with any other docs' that might be required by the credit card to prove my case will get them to remove my name from this debt. After all, fraud is still fraud, no matter when it is discovered. Or at least it SHOULD be. If this doesn't work, then suing is my next option.
    The FTC is a federal agency and will be sympathetic to your dilemma, as we are. Unfortunately the credit cards, as banks, have a limited length of time in which you can claim fraud. Since you knew about the fraud years back and did not report it, the banks and credit card companies will use the premis that you acknowledged and accepted the debt. They will use all their resources to to after YOU.

    Your best bet is to sue your ex. Another bit of adivce is to enroll yourself in a credit-monitoring service. Your ex knows your personal information, and if she finds herself in a financial bind she might just "turn to you" in her time of need. A good credit-monitoring service will send you email alerts every time there is activity on your bureaus, mine does.

    take care, ana
  6. #6
    alicia_sdsu1 is offline Junior Member
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    Unhappy Similar situation

    i have a similar situation. im 25, and my spouse at the time opened credit accts. in my name while we were married. and i didnt found out until after we split. 2 mo. after we split he opened another one. I never authorized them and they were done online. i requested copies from amex of a business acct. he opened in my name and it was done online with my name/ssn/dob and his email and ph#. no signature required. i have been writing letters to them throughout the year but nobody will reply. i dont pick up the phone when they call because i dont want to talk to a debt collector. i want everything said by me and them documented. i dont have enough money for legal advice. how do i get out of this debt?

    also, said he wanted me to be a secondary driver on a work vehicle and had me come into the dealership to sign papers. i thought no big deal its just a sec. driver...nobody explained any documents to me. low and behold, car was repossessed and i come to find out my signature was a co-signature.

    please someone tell me what the heck to do...this isnt my debt and i dont want to have to fild bankruptcy. i'm trying to go to school to be a nurse (so far paid for by scholarships) while working as a nurse's aide in a nursing home. can't afford a lawyer. debt is $80,000 +
  7. #7
    Antigone* is offline Senior Member
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    Quote Originally Posted by alicia_sdsu1 View Post
    i have a similar situation. im 25, and my spouse at the time opened credit accts. in my name while we were married. and i didnt found out until after we split. 2 mo. after we split he opened another one. I never authorized them and they were done online. i requested copies from amex of a business acct. he opened in my name and it was done online with my name/ssn/dob and his email and ph#. no signature required. i have been writing letters to them throughout the year but nobody will reply. i dont pick up the phone when they call because i dont want to talk to a debt collector. i want everything said by me and them documented. i dont have enough money for legal advice. how do i get out of this debt?

    also, said he wanted me to be a secondary driver on a work vehicle and had me come into the dealership to sign papers. i thought no big deal its just a sec. driver...nobody explained any documents to me. low and behold, car was repossessed and i come to find out my signature was a co-signature.

    please someone tell me what the heck to do...this isnt my debt and i dont want to have to fild bankruptcy. i'm trying to go to school to be a nurse (so far paid for by scholarships) while working as a nurse's aide in a nursing home. can't afford a lawyer. debt is $80,000 +
    You really need to start your own thread.
  8. #8
    Country Living is offline Senior Member
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    The original thread is from 2008.... geesh....

    Alicia - delete your thread and start a new one.

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