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Ex-Spouse Credit Card Fraud

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gobusdriver

Junior Member
What is the name of your state? WA
My ex wife of 11 years may have used my personal information (SS #) to obtain a credit card(s) either before, during or after our Separation/Divorce. I don't know if she applied on the internet or by using pre-approved offers that came to me in the mail, but I have no recolection of ever applying for the credit card in question. She may have applied using my name and SS# and then put herself down as as additonal user on the application. I didn't immediately find out, in fact it wasn't until last December (11 yrs later) when I went to refinance my home with my new wife of 3 years. I was told by the Mortgage Company that I should seek to resolve the matter. I filed a police report and I notified all three credit reporting agencies to have them place a fraud alert on my credit. I contacted the Credit Card Company (Billing Dispute Department) and made them aware that I had been a victim of Identity Theft/Fraud, told them to close the account (which by now had a $7500.00 Balance Due and a $9400.00 Credit Limit) and to send me documentation of the charges, application to open account, and to investigate. I included my Divorce Finding of Fact, DL#, copy of Police Case #, etc. I received a letter acknowledging that they had closed the account and also some documentation of the charges. IT WAS MY EX-WIFE. She even signed her name! Then I received a letter that said it WAS NOT IDENTITY THEFT/FRAUD because she was an authorized user and the debt is my responsibility. I have sent a second request for the application to open the account as well as any documentation adding authorized users, but they have not provided this yet. Apparently, my ex had been making the minimum payments up to this time, but I just received the bill in the mail, complete with a late fee! I never have received a bill before now. When I had the account closed, I guess she now figures she doesn't have to pay! The Findings of Fact clearly says that any debts she incurred after the date of seperation are her seperate responsibility... but the Credit Card Company doesn't seem to care because she was an "authorized user." I can't believe it! I have also found out that at the time of our divorce, she closed accounts where she was the account owner and I was an authorized user, and she transferred balances to the Credit Card in question from these accounts to zero them out! Does this spell F-R-A-U-D with intent to anyone else but me??? Can she really get away with this? What can I do? How can I make the Credit Card Company provide me with the documents I requested? What do I do about the payments and late fees? Do I let them build? Do/should I pay on the account until it is resolved? If they do not provide me with the original application to open the account, how can they prove she was an authorized user? Is the burden of proof on them or me? HELP!!! Thanks for reading, any opinion/advice would be appreciated.
 


Debt Guy

Senior Member
This is kinda complicated.

WA is a community property state. If your spouse acquired the card prior to the divorce, then the CP rules apply and the creditor can rightly take the position that you are responsible. This is true whether or not you signed anything. If it was her debt, then it is your debt also.

The creditor is not bound by the divorce decree. All you can do with the decree is haul her back into the divorce court for contempt.

I think your best bet is the ID theft approach. You've done all the right things but I just don't know how successful you are going to be. Even if she forged your signature, if the debt was acquired before the divorce, you are still responsible to the creditor under CP. She may have a problem with the cops if she forged your sig but that is all.

You should continue to press for a copy of the original credit app.

You should look at your credit report to see the date the account was opened. If the account was opened after the divorce, you should be able to get around the CP issue since spouses are only responsible for debts acquired during the marriage.

You are going to have to make a very fundamental decision about how far to fight this. It might be cheaper and smarter to just pay it and then fight with her in divorce court. Otherwise, you will eventually be sued by the creditor and you may or may not prevail.

These are just my thoughts. If someone thinks differently, they will chime in.
 

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